Legal Terms and Conditions of Use
Please read the following legal notices and information from Toxikon Corporation (“Toxikon”) carefully before using this website (collectively, the “Site”). By using this Site, you (“User”) agrees to be bound by the terms and conditions of use below (“Terms & Conditions”).
User certifies that User is at least 18 years of age, and User will act as the “User” in terms of this contract. Through use of this Site, User acknowledges that User has read and understood and agrees to be bound by these Terms & Conditions of Use, without limitation or qualification. If User does not accept these Terms & Conditions, please exit this Site.
Toxikon may revise these Terms & Conditions at any time, without prior notice, by updating this posting. User should visit this page from time to time to review the then-current Terms & Conditions, because continued use of this Site acknowledges User’s acceptance of the Terms & Conditions posted as of the date of User’s use. In the case of any violation of these Terms & Conditions, Toxikon reserves the right to seek all remedies available by law and in equity for such violations.
Unless otherwise indicated, information and content contained in this Site are Copyright © Toxikon, All Rights Reserved. All content in the Site, including text, graphics, logos, icons, images, audio clips, video clips, animations, and software, is the property of Toxikon or its content suppliers and is protected by U.S. and international copyright laws and treaty provisions. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Toxikon and is protected by U.S. and international copyright laws and treaty provisions.
Except as specifically stated, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Toxikon’s prior written permission. User also may not, without Toxikon’s prior written permission, “mirror” any material contained on the Site. User is not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the Site for any public or commercial purposes. Permission is only granted for User to make a single copy of documents published by Toxikon on the Site solely for informational and non-commercial use within User’s organization; provided that User keeps intact all copyright and other proprietary notices. No other use of the information or content provided on the Site is authorized.
Toxikon is the trademark of Toxikon Corporation in the U.S. and other countries. All other trademarks, service marks, registered trademarks, or registered service marks may be the property of their respective owners. The Toxikon trademarks may not be used in connection with any product or service that is not Toxikon in any manner that is likely to cause confusion to the public or in any manner that disparages or discredits Toxikon.
While Toxikon attempts to provide accurate information, this site may contain inaccuracies or typographical errors and Toxikon assumes no responsibility for its accuracy. In addition, this site may be infected with viruses that may infect your computer equipment and Toxikon assumes no responsibility for any damages that may result from such viruses. Information may be modified or updated from time to time without notice. However, Toxikon disclaims any obligation or duty to update any information contained in this site.
All information provided on this Site, including operation of the Site, information, content, materials, and products, is provided “as is” with all faults without warranty of any kind, either expressed or implied. To the full extent permissible by applicable law, Toxikon and its suppliers disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage, or trade practice.
Limitation of Liability
Toxikon and its suppliers shall not be liable for damages of any kind arising from the use of this Site or information provided on this Site, including but not limited to any direct, indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data or loss of use arising out of the use or inability to use this Site or any Toxikon product or damages resulting from use of or reliance on the information present, even if Toxikon or its suppliers have been advised of the possibility of such damages.
The Site is created and controlled by Toxikon in the Commonwealth of Massachusetts, USA. As such, the laws of the Commonwealth of Massachusetts will govern these Terms & Conditions, without reference to any principles of conflicts of laws. Toxikon, in its sole discretion, reserves the right to make changes to the Site and to these Terms & Conditions at any time.
Compliance with Applicable Laws and Export Control Laws
Use of this Site is governed by all applicable federal, state, and local laws. Information available on this Site may be subject to U.S. export control laws and the laws of the country where User resides. No content from this Site may be downloaded or otherwise exported in violation of any law. Toxikon makes no representation that the material contained in this Site is appropriate or available in locations outside the U.S. All Toxikon products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-19.
Jurisdiction and Choice Of Law
This agreement and all claims or issues regarding this Site, shall be governed according to the laws of the Commonwealth of Massachusetts. Any legal action concerning these Terms & Conditions or this Site must be brought within one (1) year after the claim or cause of action arises. Through use of this Site, User irrevocably consents to the exclusive jurisdiction and venue of any state or federal court sitting in the Commonwealth of Massachusetts, over any action or proceeding arising out of or relating to this Site. User consents to the jurisdiction of such court or courts and agrees that the service upon it of a summons and complaint by ordinary mail shall be sufficient for such court or courts to exercise personal jurisdiction over User. User waives any objection to any action or proceeding in any state or federal court sitting in the Commonwealth of Massachusetts, on the basis of forum non conveniens, lack of personal jurisdiction or otherwise.
User agree to defend, indemnify and hold Toxikon, and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless against and from any and all claims, actions, liability, and expenses (including settlements, judgments, court costs, and reasonable attorneys’ and accountants’ fees, regardless of the outcome of such claim or action) caused by, arising out of, resulting from, or in connection with User’s use of this Site, including, but not limited to, User’s breach or violation of these Terms & Conditions. Upon notice from Toxikon, User will defend at User’s own expense, and by counsel reasonably satisfactory to Toxikon, any such claim or action.
Disclaimer about Third-Party Products
Toxikon does not endorse or guarantee the quality, accuracy, appropriateness, or effectiveness of any third-party product, service, or program (“Third-Party Product”). User agrees that with regard to any Third-Party Product referenced or linked in this Site, User shall enter into a separate contract with such third party and Toxikon shall have no obligation or liability to User with respect thereto. Participation in, use of, or reliance on any Third-Party Product is at User’s own risk. User agrees that its use of this Site or Toxikon product or service is not contingent on the purchase, entry into or use of any Third-Party Product.
Links to Third-Party Websites
This Site may provide links or references to third-party websites that are not under the control of Toxikon. Toxikon is not responsible for the content of those sites. Toxikon has not verified the content of these third-party websites. User’s use of third-party websites is at User’s own risk and subject to the terms and conditions of use for such sites. Toxikon does not accept any liability or responsibility for the use or content of third-party websites. Toxikon is providing these links to User only as a convenience, and the inclusion of any link to such sites does not imply endorsement, recommendation, or warranty by Toxikon of those sites. If User decides to access any such third-party website, User does so entirely at User’s own risk. In addition, decisions or actions based on the content of these third-party websites are at User’s own risk and expense.
Mention of non-Toxikon products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
With the exception of the limited rights provided above, you are not granted any license or right in connection with this Site, including any license to or right in any copyright, patent, trademark, trade secret, technology, product, process or any other proprietary right.