This website (the “Website”) is owned and provided by HepQuant, LLC (including its affiliates) (“HepQuant”). This Website Use Agreement is between you and HepQuant and shall be referred to as the “Agreement” or “Terms of Use.” Your use and access of this Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use this Website or any services offered by this Website.
BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.
United States Only
Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials in the site are appropriate or available for use in other locations. If you access the site from locations other than the United States, you are responsible for compliance with any applicable local laws.
Intellectual Property Ownership
Unless otherwise noted, all text, content and documents on this Website, any names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials of the Website (“Content”), except as otherwise noted, are owned by HepQuant and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the entire Content of the Website, trademarked and protected as a collective work (collectively with the Content, hereinafter referred to as the “Materials”). As between HepQuant and you, all right, title and interest in and to the Materials will at all times remain with HepQuant and/or its Owners. “HepQuant” the “HepQuant” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of HepQuant. Nothing contained herein shall be construed as confirming, by implication, estoppel or otherwise, any license or other right to use any copyright, patent, trademark, service mark or other intellectual property right of HepQuant or any third party.
Limited Use; Restrictions on Use
The use of any Content, except as provided in these Terms of Use or in the Content, is strictly prohibited. HepQuant grants you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Materials on the following conditions: (a) you may not distribute text or graphics to others without our express written consent, (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server, or modify or re-use all or part of the Materials on this system or another system, (c) you shall not use any tradename, trademark, or brand name of HepQuant in metatags, keywords and/or hidden text, (d) you may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Content for public or commercial purposes without HepQuant’s prior written permission for such use of Content, (e) you agree you will not create derivative works from or commercially exploit the Materials, in whole or in part, in any way, (f) you shall not use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to HepQuant, the Owner, or any third party referenced therein, (g) you shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only, and (h) you shall not publicly display, perform, or distribute the Materials, either in whole or in part, and shall not modify, translate, alter or create any derivative works thereof. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed through the Website and HepQuant’s posting of any Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Materials on the Website. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under HepQuant’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, HepQuant may revoke any of the foregoing rights as well as your access to the Website, or any part thereof, at any time without prior notice, including by blocking your IP Address.
Indemnity
You hereby agree to defend, indemnify and hold harmless HepQuant, its owners, parents, subsidiaries, affiliates, general and limited partners, and/or licensors, and its and their respective officers, present and former directors, employees, agents, predecessors, successors, assigns, advisors, heirs, legal representatives, legal counsel and other representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any claim, damage, obligation, loss or liability related to or arising from your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. You agree that you shall cooperate as fully as reasonably required in the defense of any claim. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
Disclaimers
Without limiting the foregoing, the Materials, Content and everything on the Website is provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website, Content and/or any Materials, either express or implied, including but not limited to, fitness for a particular purpose, title or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then HepQuant hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from HepQuant, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, HepQuant does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content or Materials, or any portion thereof, is correct, accurate, or reliable. HepQuant reserves the right to change any part of the Website at anytime without notice.
Limitation of Liability
Your use of the Website is at your risk. Neither HepQuant, its owners, parents, subsidiaries, affiliates, general or limited partners, and/or licensors, nor any of its and their respective officers, present or former directors, employees, agents, predecessors, successors, assigns, advisors, legal representatives, legal counsel or other representatives will be liable for any damages, including direct, indirect, incidental, consequential, special, or punitive damages, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties, arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content, materials or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if HepQuant was advised of the possibility of such damages. If you become dissatisfied in any way with this Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using this Website and its services. You hereby waive any and all claims against HepQuant and its owners, parents, subsidiaries, affiliates, general or limited partners, and/or licensors, and any of its and their respective officers, present and former directors, employees, agents predecessors, successors, assigns, advisors, legal representatives, legal counsel or other representatives arising out of your use of the Website. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of HepQuant and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
HepQuant Online Privacy Policy
We take your privacy very seriously. Our online Privacy Policy is incorporated herein by reference and forms apart of these Terms of Use and describes the collection, use, and sharing of certain personally identifiable and other information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.
Choice of Law and Enforcement
Your access to the Website as well as the terms and conditions and the agreement they create shall be governed and interpreted by the laws of the State of Colorado, without any regard to any conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in the State of Colorado and the parties hereby consent to the personal jurisdiction of such courts except for such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.
No Framing; Links; Third Party Sites
Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from HepQuant.
Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HepQuant without restriction. Any assignment of the Terms of Use by you shall be void.
Notice
HepQuant reserves the right, at any time and at its sole discretion, to change, modify, add or remove, in whole or in part, any provision of this Agreement, the Privacy Policy or any other terms and conditions (collectively “Terms and Conditions”) on the HepQuant Website.. In the event of any change, HepQuant will note the date these Terms of Use were last updated below, so you know whether it has changed since your last visit. Your continued use of the Website following the posting of such revised terms will signify and be deemed your assent to and acceptance of the revised Terms of Use.
This Agreement constitutes the entire agreement between HepQuant and you with respect to your use of the HepQuant Website. HepQuant’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Information
You may send your comments to us at webmaster@HepQuant.com.