Legal

ACCEPTANCE AND TERMS AND CONDITIONS:  By purchasing or ordering Product(s) or accepting Sample(s) from Base Pair Biotechnologies (the “Seller”), you (the “Customer”), agree to be bound by these terms and conditions (hereinafter, the “Terms and Conditions”).

Application: The Terms and Conditions apply between Seller and Customer for any information, goods or services provided by the Seller to the Customer.  Neither these Terms and Conditions nor any of the rights or obligations hereunder may be assigned by Customer without the prior written consent of Seller and any such purported assignment is and shall be null and void with no effect whatsoever.

Payment and Delivery: All invoices of the Seller shall be paid by the Customer within 30 days unless otherwise agreed in writing by the Seller. Where the Seller requires payment of a deposit, the Customer acknowledges that the deposit is not returnable. All quoted prices are FOB destination and are exclusive of further costs, including, but not limited to all shipping, handling, packaging and insurance and does not include any foreign excise duty or tax, which Customer shall be responsible for paying. Seller reserves the right to ship and require payment from Customer for partial orders. Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient. In the event of a payment default, Customer shall be responsible for all costs of collection.

Cancellation: Seller reserves the right to decline or terminate any order in whole or in part by notice to Customer if it concludes that it cannot successfully or safely manufacture the Products or provide the Samples as ordered, or that the use of the ordered Products or Samples is likely to violate any applicable law or regulation. Cancellation of the order by Seller or Customer will be accepted on condition that any costs, charges and expenses already incurred will be reimbursed to the Seller forthwith and Customer will only be responsible for costs incurred to that point.

Usage of Goods or Services: Unless agreed and indicated in writing by Seller, Customer shall be entitled to use (i) only the provided amount of the materials (ii) only for the intended purpose and for internal research use only, by and for the benefit of Customer only.  Customer agrees to hold any materials provided by the Seller in trust and shall not transfer or grant access to the materials to any third party without written authorization from Seller. No commercial use whatsoever, including resale, use in manufacture of a product or provision of a service in return for remuneration is permitted without written permission of Seller. Customer shall bear responsibility for ensuring that all usage of information provided and/or use of Samples and/or Products is in accordance with and does not contravene any Intellectual Property or other laws, regulations or other trade customs and practices. Seller bears no liability for any omissions or faults in these respects. No reverse-engineering, sequencing or otherwise determining the composition of any materials provided hereunder is permitted unless expressly authorized in writing by the Seller.  Customer understands that the Products and Samples are not for use in humans or for use that violates any applicable law or regulation.

Warranty: The Seller warrants that it will attempt to provide using reasonable care and skill the Products or Samples as specified but otherwise the Products or Samples are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Products or Samples are suitable for the purposes intended by Customer. The Seller does not warrant that the Products or Samples supplied are error-free, accurate or complete.

Limitation of Liability: The Seller shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Product or Sample nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Product or Sample. Any liability of the Seller shall in any event be limited to the amount paid by the Customer for the Order in which the event of default arises. The Customer shall fully indemnify the Seller against any liability to third parties arising out of the Customer’s use of the Products or Samples.

Intellectual Property Rights: Nothing in these Terms and Conditions or the provision of Product(s) or Sample(s) may be read or construed to grant or transfer any immunity, right or license or any other right, by implication or otherwise, with respect to, but not limited to, any technology, know-how, invention, patent application, patent or any claim of a patent, trade secret, trademark, copyright or claim of copyright, owned or filed by the Seller or hereafter issued or filed on any matter developed by the Seller.  Unless otherwise agreed, Seller reserves the right to make and sell any materials or compositions to any party or not at all, at its sole discretion.

Governing Law: These Terms and Conditions shall be construed exclusively under the laws of the State of Texas, without regard to its conflict of laws rules.

By viewing or accessing this web site, all parties understand, accept and agree to abide by the following terms and conditions of use, including compliance with any applicable laws or governmental regulations. If you do not agree with these terms and conditions or with any of the following, you are prohibited to use or access this web site. These terms of use for this web site may be changed or updated at any time without notice. By using this web site you are agreeing to be bound by the then current version of these terms and conditions of use.

This web site contains descriptions of products and technologies which may be under development by Base Pair Biotechnologies, Inc. (“Base Pair”) and may not yet be licensed or offered for sale in your or any country. The content and information, including all web pages, documents, videos or other information (the “Information”), in this web site is provided as a convenience for informational purposes only and should not be relied on as authoritative or as medical advice. Only a physician, or other health care professional should advise a patient on medical issues. Never disregard medical advice or delay seeking medical advice because of anything on this web site. ALL INFORMATION IN THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IS ACCURATE, CURRENT OR COMPLETE. BASE PAIR AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IN RESPECT OF THIS WEB SITE, AND THE INFORMATION. Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

UNDER NO CIRCUMSTANCES SHALL BASE PAIR OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASEE”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: PERSONAL INJURY, LOSS OF LIFE, LOSS OF USE, LOSS OF DATA, LOST PROFITS, WHETHER OR NOT THE RELEASEE IS ADVISED OF THE POSSIBILITY OF DAMAGE IN CONNECTION WITH, CAUSED BY, OR ARISING FROM THE USE OF THIS WEB SITE OR ANY OTHER WEB SITE LINKED TO THIS WEB SITE, OR FROM ANY DELAYS, INACCURACIES, ERRORS, OMISSIONS IN OR INFRINGEMENT BY, OR FROM ANY USE, OR FAILURE TO USE THE INFORMATION.

Base Pair has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Base Pair of the site. Use of any such linked web site is at the user’s own risk. The products and/or technologies described on this web site may be covered by one or more issued U.S. and foreign patents or pending patent applications. All text, images, videos and other content presented on this web site, unless otherwise indicated, are © copyrighted by Base Pair Biotechnologies, Inc. All rights reserved. All trademarks or service marks presented on this web site are the property of their respective owners and no license or other rights to use are granted. Any claim relating to this web site or these terms and conditions of use shall be governed exclusively by the laws of the State of Texas, U.S.A. without regard to its conflict of law provisions. You further agree and consent to the exercise of personal jurisdiction in the state and federal courts sitting in Houston, Harris County, Texas, U.S.A. in connection with any dispute involving this web site or these terms and conditions of use.

Alexa Fluor is a trademark of Thermo Fisher Scientific, Inc.

Aptamers That Work is a trademark of Base Pair Biotechnologies, Inc.

AptaTracker is a trademark of Base Pair Biotechnologies, Inc.

Cy3 and Cy5 are trademarks of GE Healthcare UK Limited

Ion Torrent is a trademark of Thermo Fisher Scientific, Inc.

VENNmultiplex is a trademark of Base Pair Biotechnologies, Inc.

Your privacy is very important to us. Accordingly, we have developed this Privacy Statement in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

• We will only retain personal information as long as necessary for the fulfillment of those purposes.

• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

• We will protect personal information by commercially reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

• We will make reasonably available to customers information about our policies and practices relating to the management of personal information.