BioCarta.com site (the "Site") is being provided to you by BioCarta LLC for purposes of providing information, products and services concerning scientific [biotechnology] research and development subject to the following Terms and Conditions of Use of this Site ("Terms and Conditions").
By using and accessing this Site, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of services posted on any individual page of this web site. The Terms and Conditions published within the pages of the site constitute the entire and only agreement between BioCarta and its users with respect to BioCarta and supersede all other communications and agreements. Please read this page carefully. If you do not accept the following Terms and Conditions, please do not use this Site. Your continued use of the Site signifies that you have read and understand the Terms and Conditions effective as of the date of your use of the Site. Your rights to use the services provided by BioCarta are not transferable and are subject to any limits established by BioCarta.
Changes in Terms and Conditions and Changes in the Site.
BioCarta reserves the right to revise or remove any part of the Terms and Conditions at its sole discretion at any time and without prior notice to you by updating this posting. Therefore, you should visit this page periodically for changes. BioCarta's web site is continually under development and changes in the Site may be made at any time.
BioCarta’s Terms of Agreement include two parts: (A) BioCarta e-Marketplace Terms and Conditions, and (B) BioCarta Site Use Terms and Conditions
(A) BioCarta e-Marketplace Terms and Conditions
All orders are shipped F.O.B. Shipping Point. Shipping and handling charges will be prepaid and added to the invoice. Domestic orders will normally be shipped by overnight delivery. Depending on the time orders are received, products normally will be delivered in 1 – 2 days. Shipments are handled directly by suppliers. BioCarta and its suppliers reserve the right to select the best packaging and shipping method which will insure the stability of the product and allow efficient order tracking.
Prices reflect list price and are subject to change without notice. Prices are listed in US dollars. In most cases, BioCarta pricing is equal to that of the suppliers/manufacturers. BioCarta customers enjoy one stop shopping and one payment transition per order. Furthermore, shopping at BioCarta helps save money so you can have more research done with limited budget. Customers will earn eCarta points from each transition, which can be applied in the very next purchase.
Payment Methods and Terms
BioCarta accepts on-line credit card purchases. Customers can also elect to provide a Purchase Order Number and receive an invoice. Payment terms are net 30 days. BioCarta reserves the right to collect a credit reference from customers and perform credit check accordingly.
Products sold by BioCarta are for research use only; and are not to be resold, unless there is an express written agreement in place between BioCarta and the reseller.
Returns and Refunds
A return authorization number is required on all returns. Please contact BioCarta Customer Service Department to obtain the authorization prior to returning any item. All claims for damaged merchandise during transit must be reported immediately to the shipping carrier, and then to BioCarta. Return authorization requests must be made within 10 working days of order receipt. All claims are subject to investigation before return authorization, replacement or credit can be issued.
If BioCarta or its suppliers/manufacturers make a shipping error, we will replace the product in error or the missing product immediately at no charge.
If the customer makes an error on the order and is reported to BioCarta within 10 working days, the customer may obtain return authorization and return the product(s) for partial credit. Upon receipt of authorized returned goods, a credit will be issued, less a 20% restocking fee or minimum of $25, whichever is greater, of the product(s) returned and the original shipping and handling charge. To obtain partial credit, product(s) must be returned within 5 business days of receiving return authorization.
Limited Warranty and Liability
All products supplied by BioCarta and its suppliers/manufacturers are warranted, to the original purchaser only, to conform to the specifications provided with the shipment. This warranty does not extend to any product that has been modified in any way by person(s) other than personnel of BioCarta or its suppliers/manufacturers; or to any products that are handled contrary to the technical information sheet. Should any product fail to perform as warranted, upon notification to our Technical Service Department and investigation, BioCarta or its suppliers/manufacturers shall promptly replace it at no charge. Our obligation and your only remedy is limited to such replacement of the product or a full credit of the original purchase price of the product. BioCarta and its suppliers/manufacturers reserve the right to discontinue sales of any products or to change product descriptions and formulations at any time without prior notice to purchasers.
BioCarta and its suppliers/manufacturers do not make any other warranty or representation whatsoever, whether express or implied, with respect to these products. BioCarta and its suppliers/manufacturers do not make any warranty of suitability, non-patent-infringement, merchantability or fitness for any particular research use or other purposes of any product. The entire risk as to the performance of this product is assumed by buyer. In no event shall BioCarta or its suppliers/manufacturers be liable for incidental, consequential or punitive damages.
Unless otherwise clearly indicated on product labels, the products sold by BioCarta and its suppliers/manufacturers are FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC OR THERAPEUTIC USE.
(B) BioCarta Site Use Terms and Conditions
Acceptable Site Use
a. License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, ("Materials"), are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any commercial purpose without the specific permission of BioCarta LLC You may use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any Materials from this Site in whole or in part, for a public, noncommercial purpose with the specific permission of BioCarta LLC and/or acknowledgement of BioCarta and citation of the pathway number. BioCarta claims no ownership rights in the content placed on the Site by you or other registered users. We grant you a personal, non-exclusive, non-transferable license to access our web site and the information contained here. Our site may contain software tools or databases that allow you to search and retrieve information. You may not sell, rent, lease, lend, transfer, any services provided on this site and you may not assign or sublicense this license.
b. Downloading. BioCarta authorizes you to view and download a single copy of the Materials on BioCarta solely for your personal, noncommercial use provided that you keep all copyright and other proprietary notices contained in the original Materials on the Site on any authorized copy you make of the Materials. Any user may download public domain material that is placed on BioCarta pages for their own use or noncommercial redistribution. The user assumes all risks regarding the determination whether or not a record is in the public domain, regardless of the existence or nonexistence of a named publisher on each record.
c. Trademarks and Copyrights. "BioCarta" and the representative BioCarta logo are trademarks of BioCarta, Incorporated. All rights are reserved. All other trademarks or copyrights appearing on BioCarta's pages are the property of their respective owners. You may not alter or remove any trademark, copyright or other notice from copies of the content. Unless otherwise instructed, any other use of the Materials is strictly prohibited.
d. Sharing information. By submitting data to a public area on this Site, you represent that the submission is your own material, is licensed to be uploaded and downloaded by users, is in the public domain, or is otherwise free of copyright or other restrictions.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking information offering to share information, and other services which help our customers perform modeling and research. It is the policy of BioCarta to encourage users to participate in communications with each other on topics of interest. Users may express their views but are accountable to other users for those views.
You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on the Site. BioCarta specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any incomplete, false or inaccurate information which is not your own.
b. Posting information such as opinions or notices, commercial or otherwise, or any inappropriate information to a community environment such as profanity and pornography.
c. Uploading onto the pages of BioCarta messages containing racial, ethnic, or religious slurs or similar epithets, or advocating violence or containing other language that is deeply or widely offensive.
d. Publishing on the pages of BioCarta any information or other content that contains any charity requests, petitions for signatures, or solicitation of other users to use specific goods or services (except through bona fide advertisements). BioCarta reserves the right to make exceptions to this according to the particular merits of specific cases, at its sole discretion.
e. Conducting any activity, or soliciting the performance of any illegal activity or other activity, that infringes the rights of BioCarta, or any of its information providers, bona fide advertisers, or other users.
f. Posting any information for business or other commercial use including without limitation advertisements or solicitations of business.
g. Deleting or revising any material posted by any other person or entity. h. Posting material that is copyrighted, or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it;
i. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
j. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
k. Posting material that is obscene, pornographic; sexually explicit, defamatory, threatening, harassing, abusive, or discriminatory, to another user or any other person or entity;
l. Posting chain letters or pyramid schemes;
m. Impersonating another person; or,
n. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate the law.
BioCarta's Rights Regarding Uploaded Information
BioCarta reserves the right to edit, delete, or redirect any information or other content uploaded by a user, regardless of whether such material violates the rules for content. BioCarta also reserves the right to remove from BioCarta 's pages any material uploaded by a user that it believes may violate any copyright or third party rights.