Terms of Use

Terms of Use

Last Updated April 2, 2008

Welcome to the Terms of Use section of the American Type Culture Collection (“ATCC®”, “we”, “us”, or “our”) website(s) (the “Site(s)”). These Terms of Use describe the terms and conditions applicable to your use of our Site. By using this Site, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site.

We may modify these Terms of Use at any time by posting the modified version on our Site and revising the “last updated” notice at the top of this web page. Modifications to these Terms of Use will be automatically effective upon posting on our Site. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any such changes constitutes acceptance of those changes.

Other Agreements Relating to the Site and Doing Business with ATCC

Purchasing from ATCC

YOU MUST HAVE AN APPROVED, CURRENT ACCOUNT WITH ATCC TO PLACE AN ORDER.
Information on Establishing an Account.

To purchase materials from ATCC via this Site and by other means, you must agree to the terms of the ATCC Material Transfer Agreement prior to submitting your order. In addition, some of the items ATCC offers for sale have been deposited by third parties who require us to make these items available under a specific set of terms and conditions. Before your order for these items is fulfilled, you will be notified of these terms and will be asked to agree to these terms.

Depositing with ATCC

Information on ATCC’s policies regarding depositing of material into our general collection and use of our Patent and Safe Depository services is available in the Deposit Services section of our website.

The Patent and Safe Depository services offered by ATCC are subject to specific terms and conditions. Please refer to the description of the service of interest to obtain information about the terms and conditions that apply to these types of deposits. Each of these policies, if applicable, is incorporated by reference into these Terms of Use.

Privacy

To learn about our privacy practices, please see our Privacy Policy, which is hereby incorporated by reference.

Scope of Use

This Site is directed towards adults in the scientific community. You may download portions of the material descriptions, FAQs, other data, text and graphics on this Site (“Content”) for your individual, informational, non-commercial use only, provided you acknowledge ATCC as the source and also retain all copyright, trademark, and other proprietary notices contained in such Content. Please note that exercising the foregoing rights in order to evaluate whether to purchase materials from ATCC, deposit materials with ATCC or otherwise enter into a business relationship with ATCC shall not constitute commercial use. You may not modify, display, or distribute information contained on the Site or any portion thereof without ATCC’s written permission.

No Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE MATERIAL TRANSFER AGREEMENT OR SERVICE AGREEMENT, IF ANY, THIS SITE AND ALL CONTENT, MATERIALS, OTHER PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TYPICALITY, SAFETY AND ACCURACY. THE INFORMATION PROVIDED ON THE SITE IS NOT TAILORED TO YOUR SPECIFIC FACTUAL CIRCUMSTANCES. WHILE ATCC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, ATCC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY INFORMATION AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING THAT THE GENERAL INFORMATION PROVIDED IS APPROPRIATE FOR YOUR SPECIFIC FACTUAL SITUATION BEFORE RELYING ON IT. ATCC, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS, ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION. USE OF THE WEBSITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. ATCC, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIALS YOU MAY OBTAIN FROM THE SITE ARE FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.

Limitation of Liability

ATCC, ITS PARENTS AND AFFILIATES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS, SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF ATCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE, OR RELATED INFORMATION OR PROGRAMS.

Information Provided on the Site

The information available on the Site is provided as a courtesy to ATCC customers and is intended for general, informational purposes only. Anyone purchasing materials from, or depositing materials with, ATCC, is ultimately responsible for obtaining all necessary permits and for complying with all applicable laws and regulatory requirements. Potential depositors and purchasers of biological material available from ATCC should contact the appropriate regulatory agency for current requirements associated with possession and use of these materials.

The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ATCC to any registration requirement within such jurisdiction or country.

Content on the Site is subject to change without notice.

Proprietary Rights

The trademarks, copyrights, and service marks of the American Type Culture Collection are denoted with the symbols: TM, ®, ©, and SM on the Site.

Unauthorized use of any of the ATCC trademarks, service marks, or logos may be a violation of U.S. and foreign trademark laws.

You expressly agree not to use any of the ATCC trademarks in any way in connection with any offering, marketing, promotion, or sale, without ATCC’s prior written agreement.

Linking to ATCC Site

Unless otherwise set forth in a written agreement between you and ATCC, you must adhere to ATCC’s linking policy as follows: (i) any link to the Site must be a text only link clearly marked “ATCC Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the ATCC name and trademarks, (iii) the link must “point” to the URL www.atcc.org and not to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ATCC, (v) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (vi) ATCC reserves the right to revoke its consent to the link at any time and in its sole discretion.

Employment Opportunities

ATCC may post employment opportunities on the Site and/or invite users to submit résumés for these posted opportunities. If you choose to submit your name, contact information, résumé and/or other personal information to ATCC, you are authorizing ATCC to utilize this information for all lawful and legitimate hiring and employment purposes. ATCC also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates and its service providers for legitimate business purposes and as described in the Privacy Policy. Nothing in these Terms of Use or contained in the Site shall constitute a promise by ATCC to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that ATCC will review any or all of the information submitted to it by users.

ATCC complies with the requirements of all applicable laws concerning equal employment opportunity. In the recruitment of individuals for employment there will be no unlawful discrimination on the basis of race, color, religion, sex, age, national origin, disability, or any other basis prohibited by applicable law. ATCC encourages all qualified applicants to apply.

Indemnity

If user is a for-profit or private non-profit organization:

User hereby agrees to indemnify, defend and hold harmless ATCC and its depositors against all third party claims, losses, expenses and damages, including reasonable attorneys’ fees (collectively “Claims”) arising out of or relating to use of this Site.

If User is a Federal or State non-profit organization or a foreign organization that is prohibited by law from entering into the indemnification obligation set forth in the above paragraph:

User assumes all liability for any and all third party claims, losses, expenses and damages, including reasonable attorneys’ fees (collectively “Claims”) arising out of or relating to User’s use of this Site.

Governing Law, Location, Entire Agreement

The laws of the Commonwealth of Virginia shall govern these Terms of Use, without reference to its choice of law rules. Any disputes arising under this Agreement shall be tried exclusively in the United States District Court for the Eastern District of Virginia or if subject matter jurisdiction does not exist in that court, then in the state courts of Virginia for Prince William County, and Users hereby expressly consent to, submit to and waive any objection to the jurisdiction of such courts; provided however, if User is U.S. Federal or State non-profit organization and provides reasonable proof that User is required by the statutory law of a jurisdiction to resolve disputes in an alternative U.S. jurisdiction, then such jurisdiction shall be binding upon the parties.

The Site is operated by ATCC from its offices in Virginia. ATCC makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between ATCC and user with respect to the Site.

Violations

ATCC reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site. ATCC also reserves the right to immediately block access from a particular Internet address to the Site or to terminate your use of, or access to, this Site at any time if ATCC decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that ATCC considers to be inappropriate or unacceptable.

If you have any questions about our Terms of Use, please contact the ATCC Webmaster using the Contact Us section of the website.