Terms of Service
Terms of Use
Thank you for using this service, which is owned by Percival Scientific, Inc. (“Percival,” “we,” “us,” or “our”). These Terms of Use (“Terms of Use”) govern your use of Percival-owned websites on which it is posted, including our website at www.percival-scientific.com (“Websites”) and any sales orders placed and fulfilled by us (“Sales Order”) (together, “Websites” and “Orders” are referred to as the “Services”).
Effective Date
June 1st, 2019
Your Acceptance of These Terms of Use
These Terms of Use apply to all users of the Services. By using the Services, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Services.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy https://www.percival-scientific.com/privacy-policy/, which is expressly incorporated herein. Before using the Services, please carefully review our Privacy Policy. All information provided to us as a result of your use of the Services will be handled in accordance with our Privacy Policy. To the extent, there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
Your Consent to Other Agreements
When you place a Sales Order for customized products (“Products”), you may be asked to agree to special terms governing your Sales Order, such as a purchase order (“Sales Order Terms”). In such cases, you may be sent the Sales Order Terms in addition to your invoice for the Sales Order, and your payment will signify your acceptance to the Sales Order Terms. If any of the terms of the Sales Order Terms are different than the terms of these Terms of Use, the terms of the Sales Order Terms will supplement or amend this these Terms of Use, but only with respect to the matters governed by the Sales Order Terms.
Ownership of the Services and it’s Content
The Services, including all its Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Percival or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on the Services does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Services. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use the Services and to display, download, or print portions of the Services on a temporary basis and for your personal, educational, non-commercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Trademarks
The Percival name and logo, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Percival (the “Percival Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the Percival Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the Percival Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Your Feedback
The Feedback you provide to us through the Services will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Your Obligations
In consideration of your use of the Services, you agree that to the extent you provide personal information to Percival, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through the Services, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us https://www.percival-scientific.com/contact-us/ using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use the Services in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Services any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information or any interference with the availability of or access to the Services is strictly prohibited. We reserve all rights and remedies available to us.
DISCLAIMERS
EXCEPT FOR A LIMITED U.S. WARRANTY ON PRODUCTS FOUND HERE HTTPS://WWW.PERCIVAL-SCIENTIFIC.COM/PERCIVAL_SCIENTIFIC_WARRANTY/ AND/OR A LIMITED INTERNATIONAL WARRANTY ON PRODUCTS PLEASE CONTACT PERCIVAL SCIENTIFIC AT INFO@PERCIVAL-SCIENTIFIC.COM. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (a) THE SERVICES OR ITS CONTENT; (b) ANY PRODUCT MADE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES, OR (c) ANY SERVICE MADE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PERCIVAL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PERCIVAL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
PERCIVAL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED PERCIVAL SPOKESPERSON. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; INJURY, ILLNESS OR DEATH; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE SERVICES MADE AVAILABLE THROUGH THE PLATFORM. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
The Services gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Links to Third-Party Websites
The Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Percival shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services (or any portion thereof) and/or the information, materials, products and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Percival of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
Governing Law, Jurisdiction and Venue
These Terms of Use will be governed under the laws of the State of Iowa without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Des Moines and County of Des Moines, Iowa. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.
Indemnity
You agree to indemnify and hold Percival, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using the Services causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. Percival reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on the Services. Your continued use of the Services after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use the Services.
Entire Agreement
These Terms of Use (together with our Privacy Policy and any Privacy Notices or Sales Order Terms applicable to you) contain the entire understanding and agreement between you and Percival with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Percival with respect to the Services and your use of the Services.
Definitions
The term “Content” refers to all of the software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Services, including Feedback.
The term “Feedback” refers to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services.
The term “including” means “including, but not limited to.”
Contact Us
If you have any questions about the Services or these Terms of Use, please contact us using the following information:
Percival Scientific, Inc.
505 Research Drive
Perry, Iowa 50220
Phone: 1-800-695-2743
Email: info@percival-scientific.com
