Terms of Use

Terms of Use.  These Terms of Use (“Terms”) apply to your access and use of all content and information available on NEB.com, including through NEB.com mobile applications and other websites that we control that include a direct link to these Terms of Use (individually, a “Site” and collectively, the “Sites”). The Sites are operated by New England Biolabs, Inc. (“NEB”, “we” or “us”). Please read these Terms carefully. By accessing or using a Site, you agree, on behalf of yourself and the institution or company that you represent (collectively or individually, “You” or “Your”), to be legally bound by these Terms. If You do not agree with or do not agree to be bound to these Terms, immediately cease use of the Sites and do not access or make any use of them.

We reserve the right to revise these Terms or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review any updated Terms. If You violate any of these Terms, Your permission to access and use the Sites, including any information, content or materials downloadable, printable or otherwise made available to You from the Sites automatically terminates.

Privacy Policy. Use of the Sites is subject to NEB’s Privacy Policy, which is incorporated into these Terms by reference. Your use of the Sites constitutes Your confirmation that You have read and accepted the Privacy Policy. You expressly acknowledge and agree that Your use and storage of any information available through use of the Sites is at Your sole risk and responsibility.

Copyright. All content contained on the Sites is copyright of NEB unless specifically identified otherwise. This includes all imagery, text and programmatic computer code. You may not copy the contents of the Sites other than for non-commercial individual reference with all copyright or other proprietary notices retained. Except as expressly provided above, You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, imagery or documents contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without NEB’s express written consent.

Trademarks. Trademarks on the Sites are either registered trademarks or trademarks of NEB or its affiliates, or of third party owners, in the United States and/or other countries. The names of actual companies and products mentioned on the Sites and/or third party trademarks, trade names and logos contained on the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Links To Other Web Sites. Links to third party web sites on the Sites are provided solely as a convenience to You. If You use these links, You will leave the applicable Site. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party, including but not limited to the third party’s privacy policies or practices. We do not review or control the content of third party sites and that content is not part of the Sites. We expressly disclaim any responsibility for the content of any third party sites linked to the Sites or the products or services of that third party. We do not make any representations regarding the content or accuracy of content or materials on third party websites or third party products or services. We urge You to use discretion when You access any third party sites linked to the Sites.

Terms and Conditions for Sale of Products. Your purchase, acceptance, and payment of and for NEB’s products is pursuant to NEB’s Terms of Sale. NEB does not agree to and is not bound by any other terms or conditions, unless those terms and conditions have been expressly agreed to in writing by a duly authorized representative or officer of NEB.

Disclaimer. Although the materials, content and information on the Sites are provided in good faith based on our knowledge, NEB makes no representations about the accuracy, reliability, completeness, or timeliness of the materials, information or content or about the results to be obtained from using the Sites. Although we make a good faith effort to update the materials, information and content periodically, we do not have any duty to do so, and we will not be liable for any failure to do so. Your access and use of the Sites and the materials, information and content contained on it is at Your own risk. We may make changes to the Sites at any time. It is Your responsibility to monitor such changes.

NEB makes no claims that the materials, information and content on the Sites are appropriate or may be downloaded outside of the United States. If You access Sites from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. NEB reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Sites is void where prohibited.

Although NEB employs practices to avoid such issues, we do not warrant that the Sites will operate error-free or that their servers are free of computer viruses and other harmful goods. If Your use of any of the Sites results in the need for servicing or replacing equipment or data, NEB is not responsible for those costs.

The Sites, and all content, information and software on them, are provided on an 'as is' basis without any express or implied warranties of any kind. NEB, to the fullest extent permitted by law, disclaims all express and implied warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. NEB makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, materials, information, services, software, graphics, and links on the Sites.

In no event will NEB, its affiliates, suppliers, content providers or any third parties mentioned at NEB.com be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the software available on the Sites, the content, information or materials on the Sites,  the results of use of or reliance on the Sites, any web sites linked to the Sites, or the materials, functionality or information contained at any or all such third party sites, or any claim attributable to errors, omissions or other inaccuracies at the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not NEB is advised of the possibility of such damages.

Indemnity. You agree to indemnify, defend and hold harmless NEB and our corporate affiliates, subsidiaries, officers, directors and employees from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by You of these Terms or from our termination of your access to or use of any of the Sites.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEB NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATED PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM YOUR ACCESS OR USE OF THE SITES.

Miscellaneous. If any provision or part of these Terms is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions. Headings are for convenience only and shall not be used in the interpretation of the Terms. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of law provisions.

Revision Date: April 9, 2018