“In order to use the services offered on this website (“Services”),
you must first agree to the following terms. You may not
use the Services if you do not accept the terms. You agree
that your use of the Services is evidence of your acceptance
of the following terms.”
This Terms of Use Agreement ("Agreement") is a legal agreement
between you ("User") and RPL Laboratory Solutions®
Inc ("RPL"). By accessing and using the rplLaboratorySolutions.com
web site, User acknowledges that he or she (1) has read,
understood and agrees to comply with the terms and conditions
stated within this Agreement (2) has the legal capacity
and authority to be bound by this Agreement, and (3) if
acting on behalf of a legal entity, have the authority
to bind the entity to this Agreement.
RPL reserves the right to change these terms and conditions periodically
at its sole discretion. User’s continued use of this web
site constitutes acceptance of the terms and conditions
stated at the time of use.
PRIVACY
RPL collects information about the Users of its web sites.
Collection of this information is governed by the RPL
Online Privacy Policy, which may be accessed on the home
page of rplLaboratorySolutions.com.
USER CONDUCT
Users agree that all the information posted or accessed
will be used only for informational or educational purposes.
There shall be no commercial or other unauthorized use
of any features available on this web site. Users may
not engage in any conduct or action that is prohibited
by law or violates any federal, state or local laws.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service
marks - “domain name or other distinctive brand features”
- including without limitation rpl Compliance Solutions®
and rpl Laboratory Solutions® ,(collectively,
"Marks") used or referred to on this web site are the
property of RPL, unless otherwise noted. Users may not
use, copy, reproduce, republish, upload, post, transmit,
distribute or modify these Marks in any way without RPLs'
prior written permission. The use of the Marks on any
other web site is prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted
except where explicitly noted otherwise. The English version
of this website shall control and take precedent in any
conflict with a translation into any foreign language.
© rpl Laboratory Solution ® Inc 2011. All rights reserved.
The User acknowledges and agrees that RPL has the right to terminate
the Services at any time and/or may alter the website
and its Services at any time. User acknowledges and agrees
that content, including but not limited to text, software,
music, sound, photographs, video, design, graphics, movie
trailers, film clips or other material contained in this
web site ("Content") is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and
laws. User understands and agrees that User may not copy,
reproduce, republish, distribute, modify or create derivative
works from this Content or otherwise use, transmit, upload,
rebroadcast or publish in any form this Content other
than as expressly authorized by this Agreement without
RPL's prior, written consent.
LINKS TO THIRD PARTY SITES
The RPL web site may contain links to third party web
sites, which are not under the control of RPL. RPL makes
no representations or warranties about any other web site
to which you may access through the RPL web site. When
you access a third party web site, you do so at your own
risk and acknowledge that RPL is not responsible or liable
for any content, advertising, products or other materials
available from such third party sites. User also agrees
that RPL shall not be liable for any loss or damage of
any sort incurred as the result of using or accessing
any third party’s web site. Mention of third party companies
and web sites on the RPL web site is for informational
purposes only and does not constitute an endorsement or
recommendation.
LIMITATION OF LIABILITY
WHERE APPLICABLE BY LAW. USER EXPRESSLY UNDERSTANDS AND
AGREES THAT RPL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
(DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF,
OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM
ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED,
EVEN IF RPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGE.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, RPL makes
no warranty that this web site will meet your requirements
or that it will be uninterrupted, timely, secure or error
free; nor does RPL make any warranty as to the results
that may be obtained from the use of this web site or
as to the accuracy or reliability of any information obtained
through this web site. USER UNDERSTANDS AND AGREES THAT
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO
USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE OR PROHIBITED BY LAW, RPL PROVIDES
THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY,
AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
RPL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING
OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN
IF RPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
User agrees, at User’s expense, to indemnify, defend and
hold harmless RPL, its officers, directors, employees,
agents, affiliates, distributors and licensees from and
against any judgment, losses, deficiencies, damages, liabilities,
costs and expenses (including reasonable attorneys’ fees
and expenses) incurred in connection with any claim, demand,
suit, action or proceeding arising out of User’s breach
of this Agreement or in connection with User’s use of
this web site or any product or service related thereto.
GOVERNING LAW
This Agreement and the relationship between User and RPL
shall be governed by and construed in accordance with
the laws of the State of California. Any controversy or
claim arising out of or relating to this Agreement or
relating to use of this web site and the material contained
in this web site shall be resolved in a court of competent
jurisdiction sitting in Riverside County, California.
User agrees that, regardless of any statute or law to
the contrary, any claim or cause of action arising out
of or related to this Agreement must be filed within one
(1) year after such claim or cause of action arises or
will be forever barred.
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under
this Agreement will not constitute a waiver of any subsequent
breach or right. If any provision of this Agreement is
found to be invalid or unenforceable by a court of competent
jurisdiction, such provision shall be severed from the
remainder of this Agreement, which will otherwise remain
in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
