Terms of Use

Effective Date: 02.06.15

Terms of Use

Please read these Terms of Use carefully before using this website.

Welcome to the ZeptoMetrix Corporation (“ZeptoMetrix”, “we” or “our”) website.  ZeptoMetrix provides this website (“Site”) at its discretion, as a service to our customers. This Site provides visitors and users (“you” or “your”) with access to ZeptoMetrix product and service information, as well as online purchasing capabilities.
The terms and conditions applicable to your use of the Site are described in the following website use terms (“Terms of Use”). By accessing or using this Site, you agree to be bound by the Terms of Use, as well as our Privacy Policy, and Terms and Conditions of Sale for purchased ZeptoMetrix products.  ZeptoMetrix may modify this Site at any time.  Modifications to the Terms of Use will be posted on the Site, so please review the Site periodically for changes; your continued access or use of the Site shall constitute your acceptance of any such changes. If you disagree with these Terms of Use, do not access or otherwise use our Site.
Eligibility and Registration– Access to the Site’s purchasing capabilities (“Purchasing Capabilities””) is available only to businesses and their authorized employees, agents and/or contractors (collectively, “Subscribers”) who register with ZeptoMetrix by submitting a Site account registration form and is limited to those Subscribers who are authorized to form legally binding contracts under applicable law on behalf of the businesses or organizations they represent. ZeptoMetrix reserves the right to refuse Purchasing Capabilities to anyone or any entity at any time, in our sole discretion. Subscribers shall provide current, complete and accurate information, and then update the information (including credit card information, if applicable) as required to keep the account registration information complete and accurate. ZeptoMetrix will evaluate the submitted registration form and will notify Subscribers in a timely manner regarding acceptance or rejection.  ZeptoMetrix may reject a submitted registration form in its sole discretion for any reason.  Only Subscribers accepted by ZeptoMetrix shall be permitted to place purchase orders for products and services through the Site.
Password and Security – You are solely responsible for maintaining the confidentiality of any Subscriber name and password and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify ZeptoMetrix of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. ZeptoMetrix cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Limited Use License – We hereby grant you a revocable, nontransferable, nonexclusive license to access the Site  solely for your internal use for  the following purposes: (a )  education and related research, (b) accessing the Site’s public areas (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website); (c) making purchasing decisions with regard to products and services offered for sale on or through this Site; and (d) if you are a Subscriber accepted by ZeptoMetrix, to also place and administer purchase orders placed through this Site (collectively referred to hereinafter as “Purposes”). You are responsible for providing all communication lines, telephone/transmission services and all equipment and technology necessary for you to access and use the Site. The foregoing license has been granted to you subject to your agreement, signified by your use of this Site and/or the Purchasing Capabilities, to abide by Terms of Use, Terms and Conditions of Sale, as well as with any other rules, procedures, terms, and conditions that may be published or displayed from time to time by ZeptoMetrix on the Site.
Site Intellectual Property – The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The information displayed on or compromising this Site (the “Contents”) are only for your use with regard to the permitted Purposes, are protected by copyright, and are owned or controlled by ZeptoMetrix, or other third parties which are credited as the provider of certain Content. All rights reserved.  You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on this Site. You may print a copy of the Content and other downloadable items displayed on this Site for the permitted Purposes provided that you maintain all copyright and other notices contained in such Content. Copying, storing, or downloading of any Content, for any purpose other than the Purposes is expressly prohibited without the prior written permission from ZeptoMetrix or the copyright  or intellectual property right holder identified in the individual Content copyright or intellectual property right notice. You may, however, download and store an electronic copy and/or print a copy of this Terms of Use at any time. Except as permitted above, no license or right, express or implied, is granted to any person or entity under any patent, trademark or other proprietary right of ZeptoMetrix or third parties listed on the Site.  No use of any ZeptoMetrix logo, name, trademark, trade name or trade dress may be made without prior written authorization by ZeptoMetrix except to identify a product or service of the company. 
ZeptoMetrix Marks – ZeptoMetrix®; NATtrol™; SeroDetect™; BioStor™
Disclaimer Related to Site –   Although ZeptoMetrix strives to provide the latest developments relating to our products and services and other information about ZeptoMetrix, we do not warrant the accuracy, effectiveness, suitability or completeness of the materials, advice, information or opinions offered by us or any third party through this Site of any information or materials offered through our Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, products and other information provided through the Site. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  THE SITE CONTENT,  ANY ADVICE OR INFORMATION PROVIDED AT OR THROUGH THIS SITE ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING  BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  WE DO NOT WARRANT THAT ANY CONTENT, SOFTWARE OR THE FUNCTIONS ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS SHALL ALSO APPLY TO THOSE THIRD-PARTY WEBSITES WHICH CAN BE ACCESSED THROUGH LINKS ON OUR SITE.
Your Use – You understand, acknowledge and agree to the following:
a. By accessing the Site, you warrant and represent to ZeptoMetrix that you are at least 18 years of age, and if accessing and using the Site on behalf of your employer or other entity, you represent that you are authorized to agree to these Terms of Use.
  1. By using this Site, you agree not to disrupt or intercept our electronic information on this Site or use any of our servers. You also agree not to attempt to circumvent any security feature of our Site and abide by all local, state, federal and international laws, rules and regulations applicable to your use of the Site and Purchasing Capabilities, including, but not limited to, U.S. export control regulations as they apply to ZeptoMetrix products, as noted in the Terms and Conditions of Sale.
  2. Other than Personal Information, which is covered by our Privacy Policy, any material, information or content you upload, post or otherwise transmit to this Site or in connection with your use of this Site will be considered non-confidential and non-proprietary and ZeptoMetrix shall be free to reproduce, publish, or otherwise use such material, information or content in any manner for any purpose whatsoever including, without limitation, the research, development, manufacture, use or sale of products or services incorporating such information. The sender of any information to ZeptoMetrix is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights.
  3. You agree not to use the Site to send or post any message or material that is harassing, defamatory, abusive, threatening, harmful, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.
​Restriction or Withdrawal of  Limited Use License – We may immediately issue a warning, temporarily suspend, restrict  or terminate your license to  access the Site without liability to you, if, in ZeptoMetrix’s exclusive judgment,:  (a) you have breached these Terms of Use; (b) we are unable to verify or authenticate any information you provide us;  (c) your use of this Site or any information you have supplied us is, or is likely to become,  non-compliant with any applicable law, ordinance or regulation; or (d) for any other reason or purpose.
External Links – For your convenience, this Site may provide links to various web sites that we do not control. When you click on one of these links, you will be transferred out of our Site and connected to the web site of the organization or company that you selected. We are not responsible for the nature, quality or accuracy of the content or opinions expressed in such web site, including any further links within such third party site. Inclusion of any linked web site on the ZeptoMetrix Site does not imply or express an approval or endorsement of the linked web site by us, or of any of the content, opinions, products or services provided on these web sites. Even if an affiliation exists between our Site and a third-party web site, we exercise no control over linked sites and are not responsible for such site or content therein. If you decide to visit access any of the third party sites linked by this Site, you do so entirely at your own risk
Linking to our Site – No hypertext links shall be created from any website controlled by you or otherwise to this Site without the express prior written permission of the ZeptoMetrix. Please contact us if you would like to link to this website or would like to request a link to your website.
Public Forums and User Submissions-ZeptoMetrix is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area) that may be found on the Site. Any such posted or uploaded material (whether submitted by you or any other user) is not endorsed, reviewed or approved by ZeptoMetrix. ZeptoMetrix reserves the right to monitor and remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
  • post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of ZeptoMetrix and/or a third party’s computer system and/or network;
  • violate any copyright, trade mark, other applicable U.S. or international laws or intellectual property rights of ZeptoMetrix or any third party;
  • submit contents containing marketing or promotional material which is intended to solicit business.
Privacy and Security – ZeptoMetrix understands the importance of privacy to our Site’s visitors and users and is committed to safeguarding your privacy online. Our use of collected Personal Information is governed by our Privacy Policy and by accessing and using this Site, you agree to be bound by that Privacy Policy. You recognize and agree that when submitting your Personal Information to the Site, while ZeptoMetrix has reasonable safeguards in place to prevent unauthorized access or interception, we cannot absolutely guaranty security thereof. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, ZEPTOMETRIX SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY YOU EVEN IF ZEPTOMETRIX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THAT PERSONAL INFORMATION PROVIDED BY YOU SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO SAME. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT’S PASSWORD AND USER NAME.
Limitation of Liability- ZeptoMetrix does not assume any liability for the materials, information and opinions provided on, posted to or otherwise available through the Site.  Reliance on these materials, information and opinions is solely at your own risk.  ZeptoMetrix disclaims any liability for injury or damages resulting from the use of the Site or the content contained therein.  THE SITE, SITE CONTENT, INFORMATION, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS’” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  TO THE GREATEST EXTENT PERMITTED BY LAW,  ZEPTOMETRIX, ITS DISTRIBUTORS AND VENDORS, THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS  SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS DISRUPTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY COMMUNICATIONS OR INFORMATION FROM YOU, LOST DATA OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATION OR ERRORS OR OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT WHETHER OR NOT ZEPTOMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ZEPTOMETRIX TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO
NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE OR INFORMATION PROVIDED THEREFROM EXCEED, IN THE AGGREGATE, ONE-HUNDRED DOLLARS ($100.00) OR, IF THE CLAIM IS RELATED TO THE PURCHASE OF A PRODUCT OR SERVICE, THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising from or related to the Site Terms of Use more than (1) year after such claim or cause of action arose.  PLEASE BE AWARE THAT OTHER NOTICES, DISCLAIMERS AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE SITE.
Indemnification – You agree to indemnify, defend and hold harmless ZeptoMetrix, its officers, directors, employees, agents, affiliates, and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from or related to your use of this Site or any violation of these Terms of Use by you.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent. You will cooperate as fully as reasonably required in the defense of any claim.
Entire Agreement – These Site Terms of Use constitute the exclusive the agreement between you and ZeptoMetrix in relation to your use of the Site.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Unless otherwise specifically stated in a writing signed by you or your authorized representative and ZeptoMetrix , these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and ZeptoMetrix in respect of your use of the website.
Modifications – ZeptoMetrix may at any time modify any relevant terms and conditions, policies or notices with regard to the Site. . We may also  change, suspend or discontinue any aspect of our Site or service at any time. ZeptoMetrix reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability. You acknowledge that by visiting the Site from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Site
Conflict-Where any conflict or contradiction appears between the provisions of these Terms of Use and  other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site, the terms and conditions relating to  your use of the relevant section or module of the Site shall prevail.
Waiver- ZeptoMetrix’s failure to enforce, or ZeptoMetrix’s waiver of your beach of any provision in the Terms of Use, will not constitute a waiver of any other breach by you or breach of such provision on any future occasion.
Assignment – -ZeptoMetrix may assign any right or obligation under this Terms of Use to any party at any time without notice to you.
Severability-. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, you agree that the other provisions of these Terms of Use will remain in full force and effect.
      Applicable laws-All disputes or claims arising from or related to your use of the Site, these Terms of Use, our Privacy Policy, our Terms and Conditions of Sale or other policies or terms connected therewith shall be (a) governed by and construed in accordance with the laws of the state of New York, USA, without regard to the conflict of laws principles thereof; and (b) venued exclusively in the state of New York, USA.  Parties consent expressly to the personal jurisdiction of the state and federal courts of the state of New York, USA.
Comments or Questions-If you have any questions, comments or concerns arising from the Site , the Privacy Policy or any other relevant terms and conditions, policies and notices please contact us.