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UPDATED: May 22, 2020
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Visitors to the Website are able to browse information about CDI Labs Services. The Services will allow you, in accordance with this Agreement, to access data and library files associated with CDI Labs Services, sign up for the CDI Labs e-mail newsletter, and receive promotions specific to CDI Labs. If you are a CDI Labs customer, you may use CDI Labs online libraries and other Services to help you analyze data provided to you via in accordance to your separate customer Agreement and any other mutually executed written agreement between you and CDI Labs (“the Customer Agreement” for services) regarding your Terms and Conditions for Contracted Services: https://cdilabs.com/company/terms-conditions-services/ or your purchased products (“the Customer Agreement” for products) according to the Terms and Conditions of Sales: https://cdilabs.com/company/terms-conditions-sales.
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CDI Laboratories, CDI Labs, Antygen, Monomabs, Grand Seromics, Be Specific, ImmuneProfiler, FastMAb, HuProt, VirD, HuScan, VirScan, NextGen Proteomics, Antibodies You Can Trust, Welcome to the Antigen-Specific Revolution, and their respective logos are registered trademarks or trademarks of CDI Laboratories , Inc., (“CDI Labs”) in the United States and/or other countries. Any other mark that appears on the Website or via a Service is the property of its respective owner.
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If you provide feedback to us regarding the Website or any Service (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
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CDI LABS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE CDI LABS WEBSITE. CDI LABS EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF CDI LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY CDI LABS TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold CDI Labs and its subsidiaries, stockholders, directors, officers, employees, agents, representatives, partners, affiliates, licensors, and suppliers harmless from any costs, damages, expenses, and liability caused by the Customer Materials or your use of the Website or any Service, your violation of this Agreement, or your violation of any rights of a third party through use of any Service.
The Website contains data from third parties and links to third party products, services, databases, and websites. We exercise no control over such third party products, services, databases, and websites, and we are not responsible for their performance or availability, do not endorse them, and are not responsible or liable for any information, content, advertising, or other materials available through such third party products, services, databases, and websites. You are responsible for examining the copyright and licensing restrictions of third party products, services, databases, and websites and to secure all necessary permissions for any uses unrelated to the Website or the Services. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any information, goods or services available through third party products, services, databases and websites.
The Human Protein Atlas data is licensed under a Creative Commons Attribution-ShareAlike 3.0 International License via download from their web database and labeled ‘source=”HPA”. Specifically, the “Human Protein Atlas in tab-separated format.” https://www.proteinatlas.org/download/proteinatlas.tsv.zip
This data was captured via the following primary publications:
Gene names, symbols, aliases and previous symbol data are provided by the BioMart instance hosted by Ensembl, a joint project between EMBL-EBI and the Wellcome Trust Sanger Institute to develop a software system which produces and maintains automatic annotation on selected eukaryotic genomes. More info at: http://uswest.ensembl.org/info/index.html.
Additional gene names, symbols, aliases and previous symbol data are provided by the HUGO Gene Nomenclature Committee at the European Bioinformatics Institute (HGNC). More information at https://biomart.genenames.org/.
We may occasionally update this Agreement. It is your responsibility to review this Agreement regularly in connection with your use of this Website. By continuing to use the Website, your account, or a Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and CDI Labs regarding the Services.
The failure of CDI Labs to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by CDI in writing. In the event that a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
By using a Service, you consent to receiving electronic communications from CDI Labs. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
This Agreement is governed by the laws of the Commonwealth of Puerto Rico, and by using the Website or a Service you consent and submit to the jurisdiction of the Puerto Rico courts, both state and federal. This Agreement shall be construed and interpreted in accordance with the English language notwithstanding any translation of this Agreement into any language other than English. The UN Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement. Any legal actions against us must be commenced within one year after the claim arose.
This Agreement, together with any other signed agreement between you and CDI Labs (if any), is the final agreement between you and CDI Labs regarding the Website and the Services. In the event of any conflict between a provision of this Agreement and a provision of a Customer Agreement, the provision of the mutually executed written customer agreement will control.
If you have any questions or concerns about this Agreement, the Website, or a Service, please send us a message by emailing to [email protected].