Terms and Conditions of Use of minipcr.com and Amplyus Products
Welcome to minipcr.com. This website is operated by Amplyus, LLC (“Amplyus,” “we,” “our,” or “seller”).
Please read this Agreement carefully. By accessing or using our website, you signify that you have read, understood and agreed to be bound by this Agreement. By purchasing and/or using our Products, you signify that you have read, understood and agreed to be bound by this Agreement.
IF YOU DO NOT AGREE TO THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT PURCHASE THROUGH THE SITE.
Acceptance of Terms
You agree to the terms and conditions outlined in this Agreement. This Agreement constitutes the entire and only agreement governing your relationship with Amplyus, and it supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, its content, or the Products provided through the Site. We may amend and re-post this Agreement at any time without making affirmative notification.
As a condition of your use of this website you agree that:
a) You are a person at least 18 years of age;
b) You have the authority to create a binding legal obligation;
c) Your use of this website will at all times comply with this Agreement;
e) If you decide to create an account, you are responsible for maintaining confidentiality of your account and password and restrict access to your account and computer, and you agree to accept responsibility for all activities that occur under your account or password;
f) You have the right to provide any information you submit to the Site, the information provided is accurate, true, and complete;
g) If you place an order on minipcr.com, you have the right to authorize the payment; and,
h) If you purchase our products, you understand the Intended Use of the product.
Purchasing from the Site
Purchaser shall make payment in full at the time it places its order, or submit a Purchase Order (subject to Amplyus approval – for customers in the United States only). Purchaser shall not withhold any amounts due and payable by reason of any set-off of any claim or dispute. Amplyus reserves the right to refuse service or cancel orders at our sole discretion. You agree to be responsible for any customs or Value-Added Tax (“VAT”) charges incurred in shipping internationally. You agree that you purchase from the Site on your own initiative and you are responsible for ensuring compliance with all applicable commercial and export laws and regulations. Amplyus makes no representations that its products are appropriate or available for use in all locations.
Purchases may not be resold or exported
Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.
Prices are set forth on our site minipcr.com/store along with the specific products. Prices are subject to change without notice. We cannot confirm the price of an item until after you order. If our product is listed incorrectly, we reserve the right to cancel, refuse, or limit any order. In the event that the price of an item is incorrect, Amplyus may either contact you for instructions or cancel and notify you of the cancellation.
Amplyus will charge sales tax for purchases shipped to any location within the Commonwealth of Massachusetts, except for tax-exempt institutions presenting a valid tax-exempt certificate. The rate of the sales tax charged will be that of the Commonwealth of Massachusetts. Posted prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by Purchaser. Purchaser shall be responsible for all such charges, costs and taxes.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and the Products, and any information, materials, or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not:
a) copy, print (except for the express limited purposes permitted by the immediately preceding “Permitted Uses” section), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom;
b) use the Site or any materials obtained from the Site to develop, as a component of, any information, storage and retrieval system, database, information base or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including, but not limited to, the sale, license, lease, rental, subscription or any other commercial distribution mechanism;
c) create compilations or derivative works of any Content and Materials from the Site;
d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right or property right of Amplyus, LCC or any third parties;
f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
h) disassemble or reverse engineer any Products offered through the Site or otherwise obtained from Amplyus to determine the Product architecture;
i) use any automatic or manual process to harvest information from the Site;
j) use the Site for the purpose of gathering information for or transmitting:
(1) Unsolicited commercial e-mail;
(2) E-mail that makes use of headers, invalid or nonexistent domain names or other means of deceptive addressing; and
(3) Unsolicited telephone calls or facsimile transmissions;
k) use the Site in a manner that violates any state, federal or international law(s) regulating e-mail, facsimile transmissions or telephone solicitations; and
l) Export or re-export the Site or any portion thereof or any software available on or through the Site, in violation of the export control laws or regulations of the United States or any other applicable country.
Amplyus is based in the Commonwealth of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Linking to the Site
You may provide links to the Site, provided that: a) You do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices on the Site; b) Your site does not engage in illegal or pornographic activities; and c) You discontinue providing links to the Site immediately upon request by us.
Links to other Websites
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third party sites, you do so at your own risk.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses, or other harmful components or defects. We do not represent or warrant that the Site avails correct, accurate, timely or otherwise reliable information. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content
We may make accessible third party content and links to third parties on the Site. We are not responsible for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the third party site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
You may not transfer or assign your use of the Site, or any passwords you receive to access information.
We may ask you to register to access certain aspects of the Site. If requested, you agree to provide us with accurate, complete registration, and authentic information. Each registration is for your personal use only and not on behalf of any other person or entity. You are responsible for preventing unauthorized use of your electronic information.
Use of Information
The content organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary and intellectual property rights. Copying, redistributing, or publishing any part of the Site, except as permitted in writing by Amplyus, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Writing and materials posted by Site users and bloggers are similarly protected as the copyrighted work of third parties.
Service Marks and Trademarks
“miniPCR™”, “Amplyus”, blueGel™”, “DNA Discovery System™”, “Genes in Space™”, “blueBox™”, “DNAdots™”, “Gyro™”, “miniPCR Learning Labs™”, “Fold-a-View™”, and other marks are protected service marks and/or registered trademarks. Other product and company names mentioned on the Site may also be trademarks of their respective owners.
We respect the intellectual property of others and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a) A description of the copyrighted work that you claim has been infringed; b) A description of where the material that you claim is infringing is located on the Site; c) Your address, telephone number and e-mail address; d) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to firstname.lastname@example.org
Notice of Item Design
Amplyus reserves the right to make changes in design or construction to the Product at any time without incurring any obligation to incorporate such changes in the items previously provided on minipcr.com. Amplyus also reserves the right to discontinue the manufacturing or offering any item at such time Amplyus sees fit.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the content and materials provided therein.
This Agreement shall be treated as though it were executed and performed in Cambridge, Massachusetts, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to conflict of law principles).
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN: a) Any errors in or omissions from the Site or any services or products obtainable therefrom; b) The unavailability or interruption of the Site or any features thereof; c) Your use of the Site; d) The content contained on the Site; or e) Any delay or failure in performance beyond the control of a Covered Party. f) We and our Affiliated Parties shall not be liable for an amount exceeding $100, and that amount shall be in lieu of all other remedies which you may have against us. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You and Amplyus agree to first contact each other with any disputes, and provide a written description of the issue, relevant documents, supporting information, and proposed resolution.
You and Amplyus agree that “disputes” include any claims or controversies against each other related in any way to or arising from this Agreement or Item(s), including, but not limited to, advertisements or related websites. Disputes also include claims you bring against Amplyus’ Affiliated Parties, it also includes, but is not limited to, the claims related in any way to, or arising out of, any aspects of the relationship between you and Amplyus, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theories.
You and Amplyus agree to only resolve disputes by Arbitration or Small Claims Court. In Arbitration, there is no judge or jury, the review is limited and the procedures may be different. However, as a court would, an arbitrator can award the same damages and relief, and must honor the terms in this Agreement, including any attorney’s fees authorized by law. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”).
If either you or Amplyus intends to seek Arbitration, you and Amplyus agree to first notify the other party of the dispute in writing in advance of initiating the arbitration. The written notice must include a nature of the dispute, a description of previous efforts to resolve the issue, all relevant documents, all relevant supporting information, and the proposed resolution. Notice to Amplyus should be sent to: 1770 Massachussetts Ave, suite 167, Cambridge MA, 02140. You and Amplyus agree to make good faith efforts to resolve any disputes prior to filing a claim for arbitration. If you and Amplyus cannot resolve the dispute within forty-five (45) days of receipt of the written notice to arbitrate, then either may submit a dispute for arbitration.
Any cause of action you have with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
The FAA applies to this Agreement and the arbitration provision. The FAA provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Unless you and Amplyus agree otherwise, the Arbitration shall be held in Cambridge, Massachusetts. If the claim is for $10,000 or less, you and Amplyus may choose whether the arbitration will be conducted solely on the basis of submitting documents to the arbitrator, through a telephonic hearing, or by an in-person hearing.
Unless you and Amplyus agree otherwise, a single, neutral Arbitrator, who is an attorney and who will be chosen by Amplyus, will conduct the Arbitration.
The Arbitration will be governed and conducted by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules.
You and Amplyus each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to Arbitration.
Either you or Amplyus may bring qualifying claims in small claims court. You may also bring any issues you may have to the attention of Federal, State, or Local Government agencies, if the law allows, they can seek relief against Amplyus for You.
WAIVER OF CLASS ACTION
TO THE EXTENT ALLOWED BY LAW, YOU AND AMPLYUS WAIVE THE RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THIS MEANS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANOTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANOTHER IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDINGS.
WAIVER OF TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, YOU AND AMPLYUS AGREE THAT THERE WILL BE NO JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
Waiver and Severability
No waiver by Amplyus of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amplyus to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason in any jurisdiction, as to such jurisdiction, the remainder of that provision and of the entire Agreement will be severable and remain in effect in any such jurisdiction.
Reverse Engineering Prohibited
You shall not analyze, decompile, or reverse engineer or cause a third party to analyze, decompile or reverse engineer our Products for any purpose. Doing so provides Amplyus with cause to enjoin such activity in the protection of its trade secrets.
Intended Use of Product
Our Products are intended for research and/or educational purposes only (“Intended Use”). In no circumstances will you use our Products for diagnostic purposes, or view genetic testing results as scientifically verified.
Use by Minors
Teachers, Guardians, Caretakers, and other adults (“Adult”) who purchase our Products and permit use by minors have read each provision in this Agreement, and assume all liability for any minor’s violation of this Agreement. The Adult warrants, that if necessary, he or she has obtained any necessary permissions from the minor’s legal guardian.
Amplyus shall not be liable or responsible to Purcahser, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Amplyus including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Amplyus will do its best to see that Products are delivered within a reasonable time after receipt of purchase order. We cannot guarantee a delivery date and shall not be liable for any delays. Amplyus may, in its sole discretion, without liability or penalty, make partial shipments of orders. Purchaser shall be responsible for furnishing valid delivery information and ensuring delivery can be made to the delivery location. Amplyus shall not be liable for for any non-delviery of Products (even if caused by its own negligence) unless Purchaser gives written notice of non-delivery within seven (7) days.
Shipping; Title; Risk of Loss
The risk of loss and title for all items purchased from Amplyus passes to you upon our delivery to the carrier. Any duty or customs imposed on international shipments are the sole responsibility of the Purchaser. You are responsible for ensuring compliance with all laws applicable to you.
If you return the Product and apply to us for a refund within 30 days, you will be refunded your purchase amount net of shipping fees and applicable taxes, unless otherwise specifically stated below. You must ship item(s) to Amplyus at your expense and Amplyus must receive the item(s) in original condition within thirty (30) days of the original invoice date. If the item is a reagent or reagents kit (miniPCR Learning Labs™), you may not return, exchange, or receive substitute parts if any of internal component packaging has been opened. miniPCR Learning Labs and other component packages should be checked against the components list supplied and notice of any shortages or damaged components must be sent to Amplyus within seven (7) days of the date of delivery to ensure replacement. By replacing an item or by refunding an item, Amplyus does not waive a claim that the item(s) nevertheless has/have been subject to abnormal use. If Purchaser notifies Amplyus of a defect to a Product within seven (7) days from receipt, Amplyus may in its sole discretion request that Purchaser return all or part of the Product, provide a substitute conforming part or credit or refund the price and request Purchaser return the Product. Any shipping returns shall be at Purchaser’s expense and risk.
Many Amplyus Products are covered by express limited warranty. To learn your product’s warranty status, please visit the warranty section at www.minipcr.com.
The operational reliability of the product is dependent solely on your proper use of our Products, something that we at Amplyus do not control. Amplyus makes no guarantees with regards to your reliable use of the Product. Your order and use of the Product must comply with all applicable laws.
Please review User’s Guide for any product warnings and operating conditions.
WARNING: BURN HAZARD—THE miniPCR HARDWARE REACHES ABOVE 100°C (BOILING TEMPERATURE) DURING USE. USE EXTREME CAUTION TO AVOID TOUCHING METAL PORTIONS OF THE PRODUCT WHEN IN USE.
WARNING: CHOKING HAZARD—THE miniPCR HARDWARE CONTAINS SMALL PARTS. THE PRODUCT IS NOT SUITABLE FOR CHILDREN UNDER 5 YEARS OF AGE.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.