Terms of Service
Last Updated: July 17th, 2017.
These Terms of Service (“Terms of Service”) of Quiclone (“Quiclone” or “us” or “we”) govern your use of our website, www.quiclone.com (“Website”). For policies related to your order and/or purchase (“Purchase Terms”) of the Quiclone Cloning System (“Quiclone”), please visit the Website at www.quiclone.com. By accessing or using the Website, you expressly accept all of the provisions of these Terms of Service and represent to us that you are legally competent to enter into and agree to these Terms of Service. If you do not accept these Terms of Service, then you are not authorized to use the Website.
While Quiclone uses reasonable efforts to include accurate and up-to-date information on the Website, Quiclone makes no warranties or representations as to its accuracy. Quiclone assumes no liability or responsibility for any errors or omissions in the content on the site. Changes may be periodically made to these web pages and these changes may be incorporated without notice.
THESE TERMS OF SERVICE INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE.
THESE PURCHASE TERMS WAIVE SUBSTANTIAL RIGHTS AND INCLUDE A RELEASE OF LIABILITY AND A LIMITATION OF DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO REVIEW THIS AGREEMENT WITH AN ATTORNEY. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND THAT YOU ARE AWARE THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE AGREEMENT. YOU HAVE NO OBLIGATION TO ORDER QUICLONE, USE THE WEBSITE OR SIGN THESE TERMS OF SERVICE, BUT YOU ARE DOING SO VOLUNTARILY. YOUR ORDER OF QUICLONE AND USE OF THE WEBSITE IS EXPRESSLY SUBJECT TO YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, AND YOU WILL NOT ORDER QUICLONE OR USE THE WEBSITE UNLESS AND UNTIL YOU HAVE ACCEPTED THE TERMS AND CONDITIONS SET FORTH IN THE PURCHASE TERMS AND THESE TERMS OF SERVICE.
1. ABOUT QUICLONE; ACKNOWLEDGEMENTS
1.1 State Law. You may only place an order to purchase Quiclone and use the Website in accordance with the laws of the jurisdiction in which you will use Quiclone or the Website. At all times, your use of Quiclone will be governed by the laws of the jurisdiction in which you use Quiclone or the Website.
1.2 Federal Law. Although many states have legalized some form of herbs, the cultivation, manufacture, distribution and with the laws of the jurisdiction in which you use Quiclone and the Website. Quiclone has no obligation to defend, release or hold you harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from your use of Quiclone or the Website. It is federally illegal to take or transfer across state or international borders any federally illegal substance. Additionally, it is unlawful to transfer Quiclone across state or international borders.
1.3 Assumption of Risk. I assume all risks known and unknown, foreseeable and unforeseeable, in any way connected with my use of Quiclone or the Website. I accept personal responsibility for any liability, injury, hospitalization or other medical treatment, loss, death, criminal arrest or prosecution, or damage in any way connected with my use of Quiclone or the Website. I retain sole responsibility for ensuring my actions are compliant with applicable laws. I waive all claims against Quiclone, its owners, officers, employees, successors, agents and assigns, arising out of any activities I choose to undertake. I fully comprehend and accept all of the risks associated with my use of Quiclone and the Website.
2. YOUR ACCOUNT
2.1 Age and Account Requirements.To , including your name, email address, address, and phone number, and any other information we may reasonably require.
2.2 Account Activities. You are the sole authorized user of your Account, and you are responsible for maintaining the accuracy and confidentiality of your login information. You are solely and fully responsible for all activities that occur under your Account. Quiclone has no control over the use of your or any other user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you will cease all use and contact us immediately by emailing email@example.com.
3. WEBSITE USE, LICENSE AND RESTRICTIONS; OWNERSHIP
3.1 Use Restrictions.
(a) You agree that: (1) you will not use Quiclone or the Website if you are not fully able and legally competent to agree to these Terms of Service; (2)you will not use Quiclone or the Website to advertise, solicit or transmit commercial advertisements, including “spam”; (3)you will not use Quiclone or the Website for sending or storing any material prohibited by the Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (4) you will not use Quiclone, or the Website to cause nuisance, annoyance or inconvenience; (5)you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request; and (6)you will keep secure and confidential your account password or any identification we provide you which allows access to the Website.
(b) Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (1) harvest or scrape any content or data from Quiclone or the Website;(2) use Quiclone or the Websitein any service bureau arrangement; (3) alter or remove any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in Quiclone or the Website; (4)distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit Quiclone or the Website in any unauthorized manner; (5) reproduce, adapt, copy, translate, localize,create derivative works of, port or otherwise modify Quiclone, the Website or any part thereof in any form or manner or by any means; (6)permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Quiclone and its licensors. If you breach these restrictions, your limited license granted herein shall immediately terminate and you may be subject to prosecution and; (7) otherwise circumvent any functionality that controls access to or otherwise protects Quiclone or the Website; or (8)disassemble, reverse compile, damages decompile,reverse assemble, reverse translate or otherwise reverse engineer any part of Quiclone, the Website, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
3.2 Ownership. 1.1 Quiclone or the Website and their respective content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Quiclone and/or its licensors own all right, title and interest in and to the Website (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto), and that Quiclone owns all intellectual property associated with Quiclone despite your ownership and possession of the Quiclone itself, and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Quiclone’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Purchase. Any and all: (1) suggestions for correction, change and modification to Quiclone, the Website and other feedback (including, but not limited to, quotations of written or oral feedback), information and reports you provide to Quiclone (collectively “Feedback”); and all (2) improvements, updates, modifications or enhancements, whether made, created or developed by Quiclone or otherwise relating to Quiclone, the Website (collectively, “Revisions”), are and will remain the property of Quiclone. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Website or any of the intellectual property rights associated with Quiclone, or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Quiclone and Quiclone may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Quiclone any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Quiclone’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
4. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
4.1 Warranty Disclaimer. THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND QUICLONE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. QUICLONE DOES NOT WARRANT THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (3) THE WEBSITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (4) DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU.
4.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUICLONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QUICLONE’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE REGARDING USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE). BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
4.3 Indemnity. By agreeing to these Terms of Service and using Quiclone or the Website, you agree that you shall defend, indemnify and hold Quiclone, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) your violation or breach of any term of these Terms of Service or any applicable law or regulation; (2) your violation of any rights of any third party; (3) any unauthorized use of Quiclone or the Website ; (4) your negligence or willful misconduct; or (4) your use of Quiclone and the Website.
5. ARBITRATION AND CLASS ACTION WAIVER
5.1 Binding Arbitration. Any dispute or claim arising in any way from your use of Quiclone, or the Website, except for disputes relating to the infringement of our intellectual property rights or the access or use of Quiclone or the Website in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court.
5.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
5.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
5.4 Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: POB 1468, ZIP 40500 Even-Yehuda, Israel. Quiclone will send any notice of dispute to you at the contact information we have for you.
5.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
5.6 Fees. 1.1 If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Quiclone will pay all other AAA and arbitrator’s fees and expenses.
5.7 Individual Basis. To the fullest extent permitted by applicable law, you and Quiclone each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Quiclone each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
5.8 Limitation Period. In no event shall any claim, action or proceeding by you or Quiclone be instituted more than one (1) year after the cause of action arose.
5.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
5.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Quiclone each agree to the jurisdiction of any State court of competent jurisdiction, and you and Quiclone each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
5.11 Opting Out. If you do not want to arbitrate disputes with Quiclone and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use Quiclone or the Website.
6. GENERAL PROVISIONS
6.1 Termination. If you breach any of the terms of these Terms of Service, all licenses granted by us, including permission to use the Website, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, the Website (or any part of the foregoing) with or without notice, for any or no reason. If we delete your Account for any suspected breach of these Terms of Service by you, you are prohibited from re-registering for the Website under a different name. All sections which by their nature should survive the termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Quiclone or you. Termination will not limit any of Quiclone’s other rights or remedies at law or in equity.
6.2 Injunctive Relief.You agree that a breach of these Terms of Service will cause irreparable injury to Quiclone for which monetary damages would not be an adequate remedy and Quiclone shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
6.3 Notices. We may give notice to you by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to email@example.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
6.4 Miscellaneous. These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of Quiclone or pursuant to Section 7.5 of these Terms of Service. No other act, document, usage or custom will be deemed to modify or amend these Terms of Service. These Terms of Service will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by Quiclone but may not be assigned by you without the prior express written consent of Quiclone. Any attempt by you to assign these Terms of Service without the written consent of Quiclone shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only. You and Quiclone agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Service. Your use of Quiclone,and the Website may also be subject to other local, state, national, or international laws.
6.5 Modifications. We may occasionally update these Terms of Service. When we do update these Terms of Service, we will also revise the “Last Updated” date at the top of these Terms of Service. If we make changes to these Terms of Service that, in our discretion, we consider significant, we will post the updated Terms of Service on the Website and we may also send emails to our users who have created an Account containing a link to the revised Terms of Service. If you continue to use the Website after we post an update to these Terms of Service, you indicate your acceptance of the updated Terms of Service. However, provisions of the Purchase Terms at the time of your order of Quiclone shall apply with respect to Quiclone itself.
6.6 Contact Us. If you have any questions regarding these Terms of Service, Quiclone or the Website please contact us at firstname.lastname@example.org.