Terms Of Service

Welcome! The website www.labcentral.org (the “Site”) is owned by Lab Central, Inc. (“Lab Central”, “we,” “our” or “us”). Throughout these terms and conditions, the words “we,” “us,” and “our” refer to Lab Central and its affiliates, and the words “you” and “your” refer to the user visiting the Site.

1. Your Acceptance of Terms of Service

These terms and conditions for your use of the Site (“Terms of Service”) set forth the legally binding terms for your use of the Site. By accessing or using this Site in any manner, you signify your agreement to (1) these Terms of Service, (2) the Lab Central privacy policy (the “Privacy Policy”), and (3) any other legal notices, conditions or guidelines located within the Site. If you do not agree to any of these Terms of Service or the Privacy Policy, please do not use the Site and exit now.

2. Important Information about Privacy

The provisions of Lab Central’s Privacy Policy, which is available here, apply to your use of the Site, and are incorporated by reference into these Terms of Service. You should read the Privacy Policy carefully before you use our Site because by using the Site you will be agreeing to everything in these Terms of Service, including the terms contained in our Privacy Policy.

3. Modification to These Terms of Service and Our Site

We may add to, update, delete from or modify the Site at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change these Terms of Service. We may post or display notices of changes to the Terms of Service on the Site, or may notify you of such changes in some other manner. Once posted, these changes to the Terms of Service become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Site. Any use by you of the Site after any changes to our Terms of Service become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Service so that you are aware of the most current rights and obligations which apply to your agreement with us. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits to you.

4. Site Content

A. These Terms of Service apply to all users of the Site, and include all aspects of and pages within the Site. The Site Content (defined below) is provided as a courtesy to our users and is intended for general, informational and educational purposes only. All information from this Site is subject to change without notice. Lab Central permits you to access and use the Site Content for personal, non-commercial purposes only. You may not, however, copy any of the Site Content onto your own web server for any reason without our prior written permission.

B. The Site may contain links to third-party websites that are not owned or controlled by Lab Central. Lab Central has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party web sites. In addition, Lab Central is unable and unwilling to censor or edit the content of any third-party web site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each web site that you visit. If you decide to access any other web sites linked to our Site, you do so entirely at your own risk.

5. Site Access

A. Lab Central hereby grants you a limited, personal, non-exclusive, fully revocable license to use and access the Site as set forth in these Terms of Service, provided that (except as permitted herein): (i) you will not distribute any part of the Site in any medium without Lab Central’s prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with these Terms of Service, the Privacy Policy or any legal notices, conditions or guidelines located within the Site. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Site.

B. You agree that you will not use the Site and the services offered through the Site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifying information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations, or (vii) to use or launch any automated system, including without limitation, “robots,” or “spiders” that accesses the Site in a manner that sends more request messages to the Lab Central servers in a given period of time than humanly possible in the same period by using a web browser.

6. Intellectual Property Rights

The content on the Site including, without limitation, text, newsletters, bulletins, surveys, polls, software, scripts, graphics, photos and the like (“Site Content”) and the trademarks, service marks and logos depicted at the Site (“Marks”), are owned by or licensed to Lab Central, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Site. Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lab Central reserves all rights not expressly granted in and to the Site and the Site Content. If you download or print a copy of the Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site or the Site Content therein.

7. Warranty Disclaimer

You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, Lab Central, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. Lab Central makes no warranties or representations about the accuracy or completeness of the Site Content or the content of any sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Site. Lab Central does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Site or any hyperlinked web site.

8. Limitation of Liability

In no event shall Lab Central, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or Site Content, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, or (iv) any errors or omissions in any Site Content, or for any loss or damage of any kind incurred as a result of your use of any Site Content posted, e-mailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not Lab Central is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

9. Indemnity

You agree to defend, indemnify and hold harmless Lab Central, its affiliates, and their respective officers, directors, managers, employees and agents (“Lab Central Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; or (iv) your violation of any law. This defense and indemnification obligation will survive these Terms of Service and your use of the Site. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Lab Central Indemnitees.

10. Privacy Protection

The Site is not intended for children under the age of thirteen (13). If you are under 13 years of age, then you should not use the Site and should exit now.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lab Central without restriction.

12. Governing Law, Location, Entire Agreement

These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Site. These Terms of Service, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and Lab Central regarding the use of the Site and the content and services provided on the Site, superseding any prior agreements between you and Lab Central relating to the subject matter hereof.

13. Invalidity; Waiver

If any provision of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, 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 invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Lab Central’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

14. Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Site for any reason or for no reason whatsoever including improper use of this Site or failure to comply with these Terms of Service, and to take any other action we deem appropriate.

15. Services Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Lab Central are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Lab Central shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

16. Questions; Comments

If you have any questions or comments on this Site or become aware of misuse of the Site by any person, please contact us at info@labcentral.org or at the following address: Lab Central, Inc., 700 Main Street, Cambridge, MA 02139.

17. Effective Date

These Terms of Service are effective as of April 1, 2014.