1.
ACCEPTANCE OF TERMS
The following
agreement outlines your obligations when using the Harlan website
available at <harlan.com>, (the “Site”). The Site is
owned and operated by Harlan Laboratories, Inc. (“Harlan
Laboratories”), and is accessed by you under the terms of use
described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THE SERVICES. BY ACCESSING THE SITE OR ANY
CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND
CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR
ANY SERVICES IN THE SITE. HARLAN’S ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS,
TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS
ARE CONSIDERED AN OFFER BY HARLAN, ACCEPTANCE IS EXPRESSLY LIMITED
TO THESE TERMS.
2.
MODIFICATIONS OF TERMS OF USE
Harlan
Laboratories reserves the right, at its sole discretion, to modify
or replace the Terms of Use at any time. If the alterations
constitute a material change to the Terms of Use, Harlan will
notify you by posting an announcement on the Site. What
constitutes a “material change” will be determined at Harlan’s sole
discretion, in good faith and using common sense and reasonable
judgment. You are responsible for reviewing and becoming
familiar with any such modifications. Use of the Site by you
following such notification constitutes your acceptance of the
terms and conditions of the Terms of Use as modified.
3. Content ownership and Usage
Rights
Harlan
Laboratories shall retain all worldwide rights in the intellectual
property of the Site, including, but not limited to, trademarks,
the “look and feel” of the Site, its color combinations, layout,
and all other graphical elements, and the copyright in and to its
original content. You should assume that everything you read
or see on the Site is copyrighted or otherwise protected and owned
by Harlan Laboratories, or a third party who licensed the right to
use such content to Harlan Laboratories. Unless otherwise
expressly noted, nothing that you read or see on the Site or other
site content, or any of the source code or HTML code that Harlan
Laboratories uses to generate the Site may be copied, reproduced,
modified, distributed, transmitted, republished, displayed, or
performed for commercial use without the prior written consent of
Harlan Laboratories, except as provided in the Terms of Use without
prior written consent or otherwise permitted by relevant law.
4.
PRIVACY POLICY
Harlan Laboratories’s current privacy policy is
available at http://www.harlan.com/privacy_policy.hl (the “Privacy
Policy”), which is incorporated by this reference.
5.
INDEMNITY
You will
indemnify and hold harmless Harlan Laboratories, its parents,
subsidiaries, affiliates, customers, vendors, officers and
employees from any liability, damage or cost (including reasonable
attorneys. fees and cost) from any claim or demand made by any
third party due to or arising out of your access to the Site, use
of the Services, violation of the Terms of Use by you, or the
infringement by you of any intellectual property or other right of
any person or entity.
6.
WARRANTY DISCLAIMERS
Diligent care has
been taken in acquiring and providing the information included and
posted on the Site. Nonetheless, Harlan Laboratories makes no
guarantee or warranty, express or implied, as to the reliability,
accuracy, timeliness or completeness of that information and
assumes no responsibility for any errors or omissions
therein. USER ACCESSES THIS
SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HARLAN
LABORATORIES NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY
CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE
OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING
BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR
INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO
ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF
HARLAN LABORATORIES, COMPUTER VIRUS OR OTHER SIMILAR ITEM,
TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER
INFORMATION THROUGH THEFT OR ANY OTHER MEANS. HARLAN
LABORATORIES IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT
ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL HARLAN LABORATORIES OR ANY OF ITS AFFILIATES,
AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD
LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN
NO EVENT WILL HARLAN LABORATORIES OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT,
HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES
IN CONNECTION WITH USE OF THE SITE.
7. Linking and
Framing
Harlan
Laboratories does not object to links on third-party sites to the
homepage of the Site in an appropriate context. However,
“framing” or “mirroring” the Site or any of its content is
prohibited without the prior written consent of Harlan
Laboratories.
The Site may provide links to other
sites or resources available on the Internet. Because Harlan
Laboratories has no control over such sites and resources, you
acknowledge and agree that Harlan Laboratories is not responsible
for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content,
advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that
Harlan Laboratories 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 use of or reliance on any such content,
goods or services available on or through any such site or
resource.
8. Trademarks and trade
names
HARLAN, HARLAN TEKLAD GLOBAL DIETS,
SD, HOLTZMAN, SPRAGUE DAWLEY, Harlan Laboratories graphics, logos,
designs, page headers, button icons, scripts, and other service
names are the trademarks and trade names of Harlan Laboratories.
Harlan Laboratories’s trademarks and
trade names may not be used, including as part of trademarks and/or
as part of domain names, in connection with any product or service
in any manner that is likely to cause confusion.
9. Electronic
Communications
We use reasonable security measures
and take reasonable system, process and administrative precautions
to protect the security and integrity of email and other electronic
communications that you may send to us. Despite all these
precautions, no method of transmission over the Internet is
entirely secure and we cannot guarantee the confidentiality or
security of the electronic communications or its contents.
You transmit such information at your own risk and you should
decide very carefully which information you want to send us via any
electronic communication.
10.
SECURITY
Users are prohibited from violating
or attempting to violate the security of the site. Harlan
Laboratories will investigate occurrences of possible violations
and will cooperate with all applicable law enforcement authorities
in prosecuting violators.
11. Miscellaneous
The Terms of Use constitutes the entire agreement between users of
the Site and Harlan Laboratories, and regarding the subject matter
hereof. If you breach any term of the Terms of Use, Harlan
Laboratories may pursue any legal or equitable remedy available,
including but not limited to, direct, consequential, and punitive
damages and injunctive relief. Harlan Laboratories’s remedies are cumulative and
not exclusive. Failure of Harlan Laboratories, to exercise
any remedy or enforce any portion of the Terms of Use at any time
shall not operate as a waiver of any remedy or of the right to
enforce any portion of the Agreement at any time thereafter.
Users of this Site are responsible for compliance with all
applicable regulations and laws. Any dispute arising out of
the Terms of Use shall be governed by the laws of Indiana,
notwithstanding any conflicts of law principles. Any action
relating to the Terms of Use must be filed and maintained in a
court in the state of Indiana, USA, and users consent to exclusive
jurisdiction and venue in such courts for such purpose.
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