DiaCarta E-commerce site – Term of Use

This page (together with any documents referred to on it) tells you the terms of use on which you may make use of our website, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

  1. Applicable terms and conditions
    The Website is owned by DiaCarta, Inc. and any use made of the Website is subject to these terms and conditions. DiaCarta, Inc. may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
  2. Use of the Website
    Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
    1. it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
    2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists:
      1. You must not establish a link from any website that is not owned by you.
      2. We reserve the right to withdraw linking permission without notice
      3. If you wish to make any use of material on our site other than that set out above, please address your request to information@diacarta.com.
    3. Links from our site. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
    4. No part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of DiaCarta Inc.
  1. Copyright and trade marks
    1. Copyright in the Material is owned by DiaCarta Inc. or its content suppliers.

      Unauthorized use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of DiaCarta Inc. or, where applicable, the respective copyright owner(s) is prohibited.

    2. The names and logos of DiaCarta Inc. and all related product and service names, designs marks and slogans are the trade names, service marks or trademarks of DiaCarta Inc. and may not be used without the prior consent of DiaCarta Inc.
    3. All works in the nature of databases attract database rights.
  1. Disclaimer
    So far as permissible by law, DiaCarta Inc. does not accept any liability to any person relating to the use of any information contained in this website. Whilst DiaCarta Inc. has taken every precaution in compiling the Website neither it nor any contributors to the Website can be held responsible for any action (or the lack thereof) taken by any person or organization wherever they shall be based, as a result, direct or otherwise, of information contained in or accessed through the Website.
  1. Limitation of liability
    DiaCarta Inc. hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall DiaCarta Inc. be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if DiaCarta Inc. has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information,

    Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.

  1. General
    1. If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
    2. These terms and conditions constitute the entire agreement between DiaCarta Inc. and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and DiaCarta Inc.
    3. Any failure of DiaCarta Inc. to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
  2. Jurisdiction
    The terms and conditions and the use by the User of the Website shall be governed by the laws of the State of California, USA, and the parties hereto submit to the exclusive jurisdiction of the Californian courts in all disputes arising out of or relating to the Website or these terms and conditions.