Terms of Use and Purchase
The Arizona Biospecimen Consortium (ABC or we) has created these Terms of Use and Purchase (Terms of Use) to outline the terms and conditions that accompany the use of the ABC website and the receipt of materials from ABC members through the Arizona Biospecimen Locator (ABL) (collectively, the ABC website and the ABL are referred to as the Sites).
These Terms of Use constitute a binding agreement between you and us. By using the Sites , the user stipulates to having read and to agreeing to these Terms of Use. If you DO NOT AGREE to these Terms of Use, please DO NOT use the Sites. You must be at least 18 years old to use the Sites. If you are not at least 18 years old, you are prohibited from using the Sites.
Privacy Policy: Your privacy is important to us. Your use of the Sites constitutes your agreement to the Privacy Policy found here.
Availability of service: While the ABC makes reasonable efforts to ensure that the Sites are available at all times, we cannot guarantee that the Sites will be uninterrupted or error-free. We also cannot guarantee that users can access all features at all times.
Website Data and Intellectual Property: We make reasonable efforts to make sure all information and data available on the Sites is correct and error-free; however WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY DATA OR INFORMATION FOUND ON THE SITES ARE COMPLETE, ACCURATE, OR ERROR-FREE. Please feel free to contact us if you do find an error. As between us and you, we own all rights and interests in and to the information, data and other content found on or made available through the Sites.
Ordering and Purchase of Materials: All orders must be placed through the ABL Storefront. We do not accept email, fax, or phone orders under any circumstance. Until the ABL Storefront is available, please inquire about the availability of biospecimens using the form found here. All orders are subject to the Material Transfer Agreement (MTA), and you agree that the MTA governs your ordering of materials. For more information about the MTA process, see the MTA FAQs. Cost of biospecimens are set by the ABC member that is providing the biospecimens. ABC institutions reserve the right to change prices at any time. An invoice will include information about the pricing and shipping terms. If there is any conflict between these Terms of Use and the MTA, the MTA will govern with respect to the ordering of any materials.
Legal Compliance: Anyone purchasing materials from the ABL is ultimately responsible for obtaining all necessary permits and for complying with all applicable laws and regulatory requirements. Your use of the Sites must also comply with all applicable laws, regulations, and ordinances, including, but not limited to, those pertaining to privacy, intellectual property, the export of data or software, coding, billing, and payment.
Third Party Sites: We may provide links to other websites that we believe are helpful or interesting to users. When you click a link to these other websites, you will leave the Sites. Please be aware that the terms of use and the privacy policies of any third party sites you visit, if any, may differ from these Terms of Use and our Privacy Policy. You should consult the other sites’ terms of use and privacy policies, as we have no control over such third parties’ practices. Your use of third party websites is at your own risk. We do not endorse and are not responsible for any content, products, or other materials on or available from such sites.
Prohibited Use: You may not interfere with or disrupt the proper operation of the Sites. You may not engage in any conduct or submit to the Sites any material that is illegal, inaccurate, misleading, misappropriated, defamatory, obscene, offensive, or otherwise objectionable. You will not attempt to and will not damage, corrupt, tamper with or infect the Sites with a virus or other malicious computer program. You may not reverse engineer, disassemble, or de-compile any software code or proprietary elements of the Sites.
Disclaimers: YOU UNDERSTAND AND AGREE THAT THE SITES ARE AVAILABLE SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY EXPRESS WARRANTIES, AND WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM COMPUTER VIRUS.
LIABILITY: IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH US, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES, EVEN IF WE KNOW OR SHOULD KNOW THAT DAMAGES ARE POSSIBLE. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
Modifications: We reserve the right to modify these Terms of Use at any time, so please review this document frequently. Modifications to these Terms of Use will be effective immediately after they are posted on the web site, based on the “last updated” date below.
General: These Terms of Use are the entire agreement between you and us related to the Sites. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. The Sites and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, excluding Arizona’s conflict of law rules. If you have questions or would like to contact us, please use one of the methods on the Contact Us page.
Last modified: 05/24/2017