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Welcome to the Giantmicrobes.com web site (hereinafter the “Website"), the site operated by Giantmicrobes, Inc. (hereinafter "Giantmicrobes"). This is the agreement that governs your use of the site (hereinafter "Agreement"). Please read this Agreement carefully, because by using the Website you agree to abide by its terms and conditions. We may change the terms from time to time and any change will be effective from the day of posting, so please check this page periodically.
OWNERSHIP
Except for items in the public domain, the Website and all its content, including but not limited to its text, photographs, graphics, logos, button icons, and images (collectively, the "Materials"), are owned by or licensed to, Giantmicrobes and may be protected by United States and international patent, trademark, and copyright laws and other intellectual property laws. Giantmicrobes owns copyrights in the Website and the selection, coordination and arrangement of the Website. You may reproduce, distribute, display or transmit an insubstantial portion of the Materials only for purposes that are personal and noncommercial (and related to the purchase of products from the Website) provided that you include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on the Website. Except for the purpose noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in selling, or exploit in any way, in whole or in part, the Materials. Furthermore, nothing contained on this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Materials without the written permission of Giantmicrobes or such other party that may own the Materials. GIANTMICROBES, GIANTMICROBES.COM, GIANTMICROBES PROFESSIONAL, GIANTMICROBES COMMUNITY CENTER, RIESENMIKROBEN, GIANTMICROBES MEXICO, SNIFFLES, HEALTH, MALADIES, EXOTICS, CALAMITIES, CRITTERS, AQUATICS, VENEREALS, ALIMENTARIES, CORPOREALS, AERIALS, MENAGERIES, TROPICALS, AMBULATORIES and their foreign language counterparts, and all other trademarks, logos and indicia of source (collectively, "Trademarks") displayed on the Website are owned by Giantmicrobes or one of its related entities. The Trademarks may not be used in connection with any product or service that does not belong to us in any manner that is likely to cause confusion about whether Giantmicrobes is the source, sponsor or endorser of the product or service without our prior written consent, and may not be used in any manner that disparages or discredits Giantmicrobes. Unauthorized use of the Website, Materials, Trademarks and any other intellectual property of Giantmicrobes may result in an action for infringement.
PRODUCT INFORMATION
The products displayed on the Website are available while supplies last. In some cases, a product may be temporarily out of stock in which case. You will be notified as soon as possible. Unless otherwise stated or indicated on the Website, the prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States at the time of posting and may change from time to time. We make every effort to display product pictures on the Website as accurately as possible, but we cannot guarantee that your monitor's display of any product will be accurate. We make every effort to be as accurate as possible; however, Giantmicrobes does not warrant that product descriptions or other content of this site, including any translations of the same into a foreign language, is accurate, complete, reliable, current, or error-free. If a product offered by Giantmicrobes is not as described, your sole remedy is to return it in unused condition.
USE OF FORUM
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, and pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. By uploading or otherwise submitting a file or other information ("Contribution") to the Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Giantmicrobes a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and, where applicable, those using your login information.
PRIVACY
You have read the Website Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Giantmicrobes and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Website Privacy Policy.
DISCLAIMERS OF WARRANTIES
THE WEBSITE IS AVAILABLE "AS IS." Giantmicrobes, NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, THIRD PARTY PROVIDERS, DISTRIBUTORS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE ("COLLECTIVELY, "WE") DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL, DATA OR DATABASE DISPLAYED, POSTED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE. WE DISCLAIM ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY INFORMATION OR GOODS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY. WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITE. HOWEVER, SINCE WEB BROWSING INVOLVES CONNECTIONS THROUGH MANY SERVICE PROVIDERS AND WEB BROWSING CONFIGURATIONS, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM RELATED TO ACCESSING THE WEBSITE. IF YOU RELY ON THE WEBSITE AND ANY OF ITS CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS OF USE
BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CONNECTICUT, UNITED STATES OF AMERICA.
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