This website (the "site") is owned and operated by Phenomenex, Inc.
Throughout the site, the terms "Phenomenex," "we," "us," and "our" refer to Phenomenex, Inc. These Terms and Conditions of Use ("Terms") inform visitors of the rules and policies that govern use of the site. By using the site, you agree to abide by these Terms. We may update these Terms from time to time. Your continued use of the site following any such change shall be deemed to be your acceptance of the change. If you do not agree with these Terms, please do not use the site.
Although we strive to ensure that the information made available on the site is error-free, we are not responsible if information made available on the site is not accurate, complete, or current. The material on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate, complete, or timely sources of information. Any reliance on the material on the site is at your own risk. The site may contain certain historical information, which is not current and is provided for your reference only. We reserve the right to, but have no obligation to, modify the contents of the site at any time. You agree that it is your responsibility to monitor changes to the site.
Use of Materials
All materials on the site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) are the exclusive property of and owned by Phenomenex, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the site for your personal and non-commercial use, provided you do not delete any copyright, trademark, or other proprietary notice that appears on the materials. Except as expressly authorized by Phenomenex, you may not in any manner modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, reverse engineer, adapt or create a derivative work of any material, information, software, products or services obtained from the site. For information on requesting such authorization, please send a written request to Phenomenex, Inc. at 411 Madrid Avenue, Torrance, CA 90501, Attn: Legal Department. Decisions to grant or deny permission are within the sole discretion of Phenomenex. Phenomenex, or its licensors or content providers, retain full and complete title to the materials provided on the site, including all associated intellectual property rights, and provide these materials to you under a license that is revocable at any time in Phenomenex's sole discretion. Phenomenex neither represents nor warrants that your use of materials on the site will not infringe the rights of third parties not affiliated with Phenomenex.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to interrupt, damage, destroy, or interfere with the proper functionality or integrity of the site or to surreptitiously intercept any data, system, or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Phenomenex reserves the right, in its sole discretion, to limit, refuse or cancel your access to the site or prohibit you from using the site at any time without notice. Termination of your access or use of the site will not waive or affect any other right or relief to which Phenomenex may be entitled at law or in equity.
Visitors' Submissions and Postings
You represent and warrant that you are the owner of or otherwise have the right to provide any materials that you post, upload, or transmit to the site. You may not use the site to make available any content that (i) is unlawful, harmful to adults or minors, threatening, abusive, harassing, defamatory, libelous, obscene, invasive of another's privacy, or racially, ethnically, or otherwise objectionable; (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; or (iii) solicits other visitors or contains unauthorized advertising, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Phenomenex is under no obligation to post, forward, transmit, distribute or otherwise provide any materials available on the site, including materials you submit to us.
The site may contain links to other sites and resources on the Internet which may be controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by Phenomenex of any third party resources or content. Phenomenex is not responsible for the content of any linked sites or any products or services that may be offered through linked sites. Different terms and conditions may apply to your use of any linked sites. Phenomenex is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the site are the registered and unregistered trademarks of Phenomenex, Inc., its licensors and content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owners' prior written permission, except as otherwise described herein. Phenomenex reserves all rights not expressly granted in and to the site and its content. The site and all content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
You are hereby informed that Phenomenex has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Phenomenex's system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Attn.: Legal Department
411 Madrid Avenue
Torrance, California 90501
To be effective, your notification must: (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Phenomenex is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
You may be able to make purchases from Phenomenex or select third party vendors through the site. Although we strive to be as accurate as possible with regard to product descriptions and pricing or other product information displayed on the site, we do not warrant that product descriptions, pricing or other content on the site is accurate, complete, reliable, current, or error-free. We do not assume any responsibility or liability for the actions, inactions, product and content of any third party vendors. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third party vendors or the content of their websites. You should carefully review third party vendors' privacy statements and other conditions of use and sale.
Compliance with Export Control Regulations
All transactions and other activity on the site shall at all times be subject to and conditioned upon compliance with all applicable export control laws and regulations of the United States of America. You hereby agree you shall not make any disposition by way of transshipment, re-export, diversion or otherwise, of technical information (including but not limited to technical data and software) made available by Phenomenex on or through the site, other than as expressly permitted by applicable export control laws and regulations. If you are located outside of the U.S., you represent you are eligible to receive items exported from the U.S. and are not: (i) a resident or national of any country subject to a U.S. trade embargo; (ii) listed on the "Entity List," "Denied Persons List" or "Specially Designated Nationals List" maintained by the U.S. government; (iii) engaged in civil or military nuclear activities, chemical or biological weapons-related activities, or missile technology in or for a country subject to U.S. proliferation controls; or (iv) a military or nuclear end-user in Russia or an entity engaged in military or nuclear-related activities for Russia. You represent you will not supply technical information made available by Phenomenex to any end-user of the types listed above without prior U.S. government authorization. If you are required to enable authorities or Phenomenex to conduct export control checks, upon request by Phenomenex, you shall promptly provide Phenomenex with all information pertaining to the particular end-user, destination and intended use of information provided by Phenomenex, as well as any existing export control restrictions. All obligations in this paragraph survive any termination of site access and discharge of any other obligations under these Terms.
You indemnify and hold harmless Phenomenex from and against any claim, proceeding, action, fine, loss, cost, and damage arising out of or relating to your noncompliance with export control regulations and shall compensate Phenomenex for all resulting losses and expenses.
The site is provided on an "AS IS" and "AS AVAILABLE" basis. You agree that your use of the site is at your sole risk. Phenomenex does not warrant, either expressly or by implication, the accuracy of any materials or information provided on the site or their suitability for any particular purpose, and expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Although the information provided to you on the site is obtained or compiled from sources we believe to be reliable, Phenomenex cannot and does not guarantee the accuracy, validity, timeliness, completeness, or reliability of any information or data made available to you or its suitability for any particular purpose. If you download any materials from the site, you do so at your own discretion and will be solely responsible for any resulting loss of data or damage to your computer system. No advice or information, whether oral or written, obtained from you by Phenomenex or through or from the site shall create any warranty of any kind.
Choice of Law and Forum
The site is originated and located in the United States of America, and the laws of the State of California govern these Terms and your use of the site. You irrevocably consent to the jurisdiction of the courts located in the State of California for any action arising out of or relating to these Terms or your access or use of the site. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions shall remain in full force and effect.
You agree to indemnify and hold harmless Phenomenex and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all liabilities, claims, damages and expenses, including attorneys' fees and court costs, arising or resulting from your use of the site or your violation or alleged violation of these Terms.
Privacy and Security
You recognize and agree that when submitting your personally identifiable information to Phenomenex websites, while Phenomenex has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, PHENOMENEX SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF PHENOMENEX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, PHENOMENEX DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
Revised May 2018