Discussion Forum Terms And Conditions
Welcome to our PerkinElmer Discussion Forum site (“the Site”). Participation in this discussion forum is free to all who register and agree to abide by the following Terms of Service (“ToS”), which are intended to keep this a rewarding and productive experience for all users.
1. Description of the Site
The Site is a forum where scientists can exchange ideas, to network and to discover new ways to optimize their experiments. All visitors to this site can view the postings organized by various threads or topics. Users that wish to post questions, comments, or replies must first register.
2. Terms of Service.
By participating in the PerkinElmer Discussion Forum, you accept and agree to be bound by these Terms of Service (“ToS”). As long as you comply with these ToS, PerkinElmer, Inc., and its affiliate companies and subsidiaries (hereinafter "PerkinElmer") grants you a personal, non-transferable, limited privilege to enter and use the Site.
In addition to these ToS, all use of the Site is governed by the PerkinElmer Warranty Disclaimers (http://www.perkinelmer.com/CorpDisclaimers.htm) and Privacy Policy (http://www.perkinelmer.com/CorpGenericContent.htm?Mode=PrivacyPolicy). In the event of any conflict between these ToS and the Warranty Disclaimers or the Privacy Policy, the terms of this Agreement will govern.
PerkinElmer may modify or terminate the Site at any time for any reason without prior notice and without liability users of the Site (including you) or any third party. Any modifications or additions to the current Site shall be subject to the ToS.
- Registration.
When you register for the Site, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password.
You are responsible for all activities occurring under your username and for keeping your password secure and for all activities that occur under your password or user name. You agree to notify PerkinElmer immediately of any unauthorized use of your password or user name or any other breach of security. [“Report Bad Behavior” - techsupport@perkinelmer.com]
- The Site
Your Responsibilities. You understand that all data, text, information, links and other content (collectively, "Content") is the sole responsibility of the person from which such Content originated. You agree that you, and not PerkinElmer, are responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Site and for any consequences thereof. You understand that, by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
By Posting Content to the Site you agree to grant PerkinElmer a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Posted Content.
PerkinElmer’s Rights. You understand that views expressed on this Site are not necessarily those of PerkinElmer. You acknowledge and agree that PerkinElmer does not prescreen information submitted by users of the Site (“Submissions”). PerkinElmer retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by PerkinElmer to violate the ToS. PerkinElmer will make good faith efforts to investigate allegations that Submissions violate the ToS but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever.
5. Rules of Conduct.
While using the Site, you agree to adhere to the ToS and to Post Content to the Site that is lawful, appropriate, and on-topic. The ToS rules of conduct include, but are not limited to, the following:
A. Stay on topic. Discussions must pertain to the science and technology of PerkinElmer Discussion Forum.
B. Act appropriately. By way of example, and not as a limitation, you agree that you will not:
· defame, abuse, harass, threaten or otherwise violate the legal rights of others;
· post Content that is inappropriate, disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, sexually explicit fraudulent, threatening, harassing, unlawful, infringing, or defamatory, or which discloses private or personal matters;
· post links to content on any other website;
· post Content that would infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· post Content that you do not have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
· post any advertising, promotional materials, or other forms of solicitation;
· discuss product pricing or offer to do so off-line;
· download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner;
· impersonate another person or entity;
· falsify or delete any author attributions, legal or other proper notices;
· restrict or inhibit any other user from using and enjoying the Site;
· use the Site for any illegal or unauthorized purpose;
· interfere with or disrupt the Site or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
· submit Content that falsely expresses or implies that such Content is sponsored or endorsed by PerkinElmer;
· create user accounts by automated means or under false or fraudulent pretenses;
· promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
· post or transmit Content that could be destructive to the Site’s operation or users’ computers including, but not limited to, JavaScript or ActiveX code, repetitive posts, "Trojan horses," worms, spyware, executables, external links to sites that force the download of any virus, program, spyware or other Content or code; or
· use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of this site for any unauthorized purpose
C. While PerkinElmer prohibits such conduct and content in connection with the Site, you acknowledge and agree that you nonetheless may be exposed to such conduct and/or content and that you use the Site at your own risk.
6. Disclaimers
PerkinElmer and its affiliates, licensors, partners, suppliers, consultants and agents ("PerkinElmer Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Site. The PerkinElmer Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Site. Any user of the Site who chooses to make any personally identifiable or other information publicly available does so at his or her own risk.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
7. Limitation of Liability
PerkinElmer is only a distributor of messages posted on the Site. If, notwithstanding the other provisions of these Terms of Use, PerkinElmer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, PerkinElmer’s liability shall in no event exceed US$100.00.
8. Privacy
PerkinElmer’s Privacy Policy, (http://www.perkinelmer.com/CorpGenericContent.htm?Mode=PrivacyPolicy), as it may be changed from time to time, applies to use of this Site, and its terms are made a part of these ToS by this reference. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.
9. Term and Termination
You may terminate your use of the Site immediately at any time, for any reason by contacting: customercareUS@perkinelmer.com .
PerkinElmer may terminate your use of the Site immediately at any time, for any reason, and at such time you will have no right to use the Site. PerkinElmer’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
10. Notices
PerkinElmer may provide you with notices regarding the Site or these ToS by email or postings to the Site.
11. Violation of the ToS
You acknowledge and agree that PerkinElmer may preserve any transmittal or communication by you with PerkinElmer through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or PerkinElmer determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these ToS, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of PerkinElmer, its employees, users of or visitors to the Site, and the public.
You agree that PerkinElmer may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these ToS or other agreements or guidelines which may be associated with your use of the Site.
You agree that PerkinElmer may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
12. Void Where Prohibited
PerkinElmer administers and operates the www.perkinelmer.com Site from its location in Atlanta, Georgia, USA; other PerkinElmer sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. PerkinElmer reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
13. Copyright Issues
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials PerkinElmer hosts infringe your copyright, you (or your agent) may send a notice requesting that PerkinElmer remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send PerkinElmer a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices should be sent to: techsupport@perkinelmer.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
For further information on U.S. copyright law, you may wish to visit the Site of the U.S. Copyright Office at: www.copyright.gov.
PerkinElmer reserves the right to remove from the Site or block access to any material posted on the Site in the event PerkinElmer has a reasonable basis to believe that the material may be infringing or otherwise violates any provision of these ToS.
14. Storage
You agree that PerkinElmer has no responsibility or liability for the deletion or failure to store any content maintained or posted by or through the Site.
15. Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of the ToS unenforceable, the remainder of the ToS will continue in full force and effect.
Without limiting the foregoing, under no circumstances shall PerkinElmer be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These ToS constitute the entire agreement between you and PerkinElmer with respect to the subject matter hereof, and they supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the ToS will be effective only if in writing and signed by an authorized representative.