about sign in sign up dashboard
Sign out
assay depot: your online laboratory
Biology Chemistry DMPK Pharmacology Toxicology

Terms of Use

September 15, 2008

Welcome to Assay Depot, the online marketplace for pharmaceutical research services. Your use of Assay Depot's services, software and websites (referred to collectively as the "Marketplace" in this document) is subject to the terms of a legal agreement between you and Assay Depot. Unless otherwise agreed upon in writing with Assay Depot, your agreement will always include, at a minimum, the Terms of Use set out in this document. When you use any current or future service listed on the Marketplace, you also will be subject to the guidelines, terms and agreements applicable to such service, in addition to the Terms of Use described here. Where additional terms apply to a service, these will be accessible for you to read either within, or through your use of, that service. If there is any contradiction between the service-specific terms and the Terms of Use, then the service-specific terms shall take precedence in relation to that service. You may not use the Marketplace if you are not of legal age or lack the requisite legal capacity to form a binding contract with Assay Depot.

Privacy

Please review our Privacy Policy, which also governs your visit to the Marketplace, to understand our policies for gathering and protecting your personal information.

Electronic Communications

When you visit our website, place orders at the Marketplace, or e-mail us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Marketplace. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the Marketplace, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Assay Depot or its service providers and is protected by United States and international copyright laws. The compilation of all content on the Marketplace is the exclusive property of Assay Depot and is protected by U.S. and international copyright laws. All software used on the Marketplace is the property of Assay Depot or its software suppliers and protected by United States and international copyright laws.

Trademarks

Assay Depot and other Marketplace graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks or trade dress of Assay Depot in the U.S. and/or other countries. Assay Depot’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Assay Depot’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Assay Depot. All other trademarks or service marks not owned by Assay Depot that appear on the Marketplace are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Assay Depot.

Patents

One or more patents owned, applied for, or pending by Assay Depot apply to the Marketplace and to the features and services accessible via the Marketplace. Portions of the Marketplace operate under license of one or more patents.

License and Site Access

Assay Depot grants you a limited license to access and make personal use of the Marketplace and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Assay Depot. This license does not include any resale or commercial use of the Marketplace or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of the Marketplace or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Assay Depot. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace without express written consent. You may not use any meta tags or any other "hidden text" utilizing Assay Depot's name or trademarks without the express written consent of Assay Depot. Any unauthorized use terminates the permission or license granted by Assay Depot. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Marketplace so long as the link does not portray Assay Depot, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Marketplace logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use the Marketplace, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Marketplace only with involvement of a parent or guardian. Assay Depot reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications and Other Content

Customers may post reviews and other content; send notices and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Assay Depot reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Assay Depot a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Assay Depot and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Assay Depot for all claims resulting from content you supply. Assay Depot has the right but not the obligation to monitor and edit or remove any activity or content. Assay Depot takes no responsibility and assumes no liability for any content posted by you or any third party.

Service Descriptions

Assay Depot attempts to be as accurate as possible with content on the Marketplace but does not warrant that product descriptions or other content of the Marketplace is accurate, complete, reliable, current, or error-free.

Pricing

Except where noted otherwise, the price displayed for services on the Marketplace represents the full retail price of the service itself, as determined by the service provider. For certain services that are offered as a set together with other services, the listed price may represent the aggregate of the prices for each of the items included in the set. Listed prices do not include the cost of shipping test samples, if any, to Assay Depot or to the service provider. In the event you use the Marketplace to provide shipping, you may be charged for shipping even if the order is later cancelled. You are responsible to pay the amount listed at the time of checkout for the services purchased. In the event a price change occurs, Assay Depot is not able to retroactively grant a lower price for a service.

Other Businesses

Parties other than Assay Depot may operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Assay Depot does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy policies and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

THE MARKETPLACE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE ARE PROVIDED BY ASSAY DEPOT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ASSAY DEPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARKETPLACE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARKETPLACE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASSAY DEPOT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASSAY DEPOT DOES NOT WARRANT THAT THE MARKETPLACE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE; THEIR SERVERS; OR E-MAIL SENT FROM ASSAY DEPOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASSAY DEPOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MARKETPLACE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting the Marketplace, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Assay Depot.

Disputes

Any dispute relating in any way to your visit to the Marketplace or to products or services sold or distributed by Assay Depot or its service providers through the Marketplace shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Assay Depot’s intellectual property rights, Assay Depot may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

Please review our other policies posted on this site. These policies also govern your visit to the Marketplace. We reserve the right to make changes to the Marketplace, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Assay Depot
11180 Roselle Street, Suite H
San Diego, CA 92121