ELIXIRGEN, LLC TERMS AND CONDITIONS
Conditions of Use
Use of the Elixirgen, LLC (“Elixirgen”) website constitutes agreement to our terms and conditions (“Terms and Conditions”). We encourage you to review the following information carefully.
Elixirgen and other marks indicated on our site are trademarks owned exclusively by Elixirgen. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Elixirgen’s, in any manner that seeks to disparage or discredit Elixirgen or in any manner that may cause confusion among our customers.
All content on this website is the exclusive property of Elixirgen. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws, and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
PROTECTING YOUR ACCOUNT
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
LICENSE AND SITE ACCESS
Elixirgen grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Elixirgen. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Elixirgen. You are prohibited from using meta tags or any other hidden text utilizing Elixirgen’s name or trademarks without the express written consent of Elixirgen. Any unauthorized use of this website voids the limited license granted by Elixirgen.
CONTENT SUBMITTED BY SITE USERS
If you post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Elixirgen and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission, you represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Elixirgen or its affiliates for all claims resulting from content you supply. Elixirgen reserves the right to remove any content at our sole discretion.
LIMITATION OF LIABILITY
This site is provided by Elixirgen on an "as is" and "as available" basis. Elixirgen makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of www.elixirgen.com is at your own risk. Elixirgen cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Elixirgen will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
REDEMPTION OF FREE PRODUCT AND COUPON OFFERS
From time to time, Elixirgen offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.elixirgen.com) or announced via other means of communication in conjunction with the promotion of the Elixirgen product collection, including radio and TV broadcasts, internet forums, and various online websites. We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Elixirgen, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order.
Any tax, duty, custom, or other fee of any nature imposed in connection with this transaction by any governmental or quasi-governmental authority shall be paid by the purchaser in addition to the price quoted or invoiced.
Elixirgen’s products are intended primarily for laboratory research purposes and, unless otherwise stated on product labels or in other literature Elixirgen furnishes to you, are not to be used for any other purposes. You expressly represent and warrant to Elixirgen that you will properly use products purchased from Elixirgen in accordance with the practices of areasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. You warrant that Elixirgen’s products may not be marketed, distributed, resold, or exported by you for any purpose.
You agree to defend, indemnify, and hold us harmless against all liabilities, damages, costs, expenses, and claims arising from or based upon your use of Elixirgen materials.
Customer Service must authorize all product returns. If your product return is authorized, Customer Service will provide you directions regarding the return. Customer Service may not authorize some items for return. Certain items and quantities may not be returned under any circumstances. These items include, but are not limited to, diagnostic reagents, refrigerated or frozen products, reagents and standards which have passed their expiration dates, custom products or special orders, and products missing labels.
DELIVERY, CANCELLATION, CHANGES
We will ship products to the U.S. destination you specify in your order. We may, in our discretion, (a) make partial shipments and invoice each shipment separately; and/or (b) stop delivery of products in transit and withhold shipments in whole or in part if you do not pay us when due, or if you otherwise do not perform your obligations in this Agreement. Our shipping dates are approximate only, and we will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond our reasonable control. If we delay shipment because of a cause beyond our reasonable control, we may terminate the affected order or reschedule the shipment, and we will do so within a reasonable period of time. You may not refuse delivery or otherwise be relieved of any obligations as the result of such delay. You may not change orders in process, except with our written consent and agreement as to an appropriate adjustment in the purchase price for the applicable products. You will not receive credit for products returned without our prior consent. Once you have placed your order, you cannot cancel it, unless we consent in writing, and you pay any applicable cancellation charges.
By visiting elixirgen.com, you agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Elixirgen.
CHANGES IN POLICY
Elixirgen reserves the right to modify, alter, delete, and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.