The following are the terms of a binding legal agreement (“Terms”) between you and Phenova, Inc. (“Phenova”). By accessing, browsing, and/or using this website (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, you should immediately discontinue all use of this Site. Phenova may update these Terms from time to time. Your use of this Site after Phenova posts any changes to these Terms constitutes your agreement to those changes. The material provided on this Site is protected by law, including but not limited to United States Copyright Law and relevant international treaties. This Site is controlled and operated by Phenova from its offices within the United States. Phenova makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The copyright in all content provided on this Site is held by Phenova, except where otherwise noted. Except as explicitly stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Phenova. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Phenova’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Site may contain links to third party websites that are not owned or controlled by Phenova. Any such links are provided solely as a convenience. Phenova has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Phenova will not and cannot review, censor, or edit the content of any third-party website. By using this Site, you expressly relieve Phenova from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the relevant terms and conditions of any third party website that you visit.
Phenova makes no representations about the reliability of the features of this Site and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PHENOVA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PHENOVA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PHENOVA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL PHENOVA’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH PHENOVA MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY PHENOVA.
These Terms may not be transferred or assigned by you, but may be assigned by Phenova without restriction.
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state, and local courts in Los Angeles, California. You also agree that the Phenova Site shall be deemed solely based in California and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Phenova, either specific or general, in jurisdictions other than California.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any of the remaining provisions.
Phenova shall have the right at any time to change these Terms or the Site in any way. Your use of the Site at any given time shall be deemed to constitute your acceptance of the most recent version of the Terms as of the time of your use. You are expected to review these Terms periodically to ensure familiarity with the most current version.
U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Phenova's proprietary rights in them.
A partial list of U.S. Trademarks owned by Phenova and Phenomenex, Inc. follows along with a partial list of other manufacturers and their products that may or may not be referenced or appear on this Site. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of Phenova or Phenomenex should be referred to Phenova at 1-866-942-2978.