Terms Of Use

By using Bioanalytical Systems, Inc.’s (“BASi®,” “We,” “Us”) basinc.com web site (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms”). We reserve the right to change the Terms by posting revisions to the Site at any time. Your continued use of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms at the start of each use of the Site.  If you do not agree to the Terms, you may not use the Site.


License and User Conduct

BASi® grants you a limited license to access and make personal use of this Site.  However, you may not download or modify the Site, or any portion of the Site, except with express written consent of BASi®.  This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BASi®. Any unauthorized use of the Site shall automatically terminate the license granted to you by BASi® for such use. 

 

You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that BASi® may terminate your use of the Site in BASi’s sole discretion for any reason. 

 

If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian. BASi® reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion. 

 

You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of BASi®.  BASi® has no obligation to monitor the Site; however, you acknowledge and agree that BASi® has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.

 

You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

 

Intellectual Property

You acknowledge that materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights (“Intellectual Property”) and are owned by BASi® or are used by permission. You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark or patent notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the Site. You may only use the materials and the Intellectual Property on the Site as expressly permitted in these Terms and for no other purpose. The BASi® word mark and other names of BASi’s products and services referenced herein are trademarks of BASi®.  If you submit comments, suggestions, ideas or other communications to BASi® (“Submissions”), your submission shall constitute an unrestricted worldwide license for BASi® to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.

 

Links

This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. BASi® does not endorse, and BASi® is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. BASi® is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that BASi® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. BASi® shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

 

Correction of Errors and Inaccuracies; Limitations on Quantity; Risk of Loss; Return Policy

The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. BASi® therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. BASi® also reserves the right to limit quantities (including after you have submitted your order). BASi® apologizes for any inconvenience this may cause you.  The risk of loss and title to items purchased from BASi® pass to you upon BASi’s delivery to the carrier.

 

Pricing Policy and Payment Terms

While BASi® strives to provide accurate product and pricing information, pricing or typographical errors may occur.  BASi® cannot confirm the price of an item until after you order.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, BASi® shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item.  In the event that an item is mispriced, BASi® may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

By placing an order on the Site, you authorize BASi® to collect payment from your credit card for all charges you incur. Prices listed on the Site do not include shipping, handling, taxes or insurance, unless otherwise specified.

 

Prohibited Activities

The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site's listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on BASi’s hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (4) engaging in or promoting any illegal activities; and (5) engaging in any activity that markets another business or attracts BASi® customers to a third party.

 

Not Medical Advice

The Site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. The information provided in this Site, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider.

 

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  BASI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS.  INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND BASI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.  

 

BASI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

 

Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.  NEITHER BASI, NOR ANY OF BASI’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “BASI ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF BASI OR AN BASI ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.  

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH BASI IS TO STOP USING THE SITE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT BASI’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO BASI IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.  

THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY BASI FROM ITS OFFICES WITHIN THE UNITED STATES.  BASI MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.  IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND BASI ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BASI AND THE BASI ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN BASI AND YOU.


Indemnification

You agree to defend, indemnify, and hold BASi® and all BASi® Associates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


Notices

Where required, BASi® may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to BASi® by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with BASi®, please e-mail or write to:

 

Bioanalytical Systems, Inc.

2710 Kent Ave

West Lafayette, IN  47906

 

BASi® welcomes your questions and comments.

 

Miscellaneous

The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms.  BASi® may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The Site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.  You acknowledge and agree that the Site is for your personal and non-commercial use.

 

BASi® shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and BASi® regarding your relationship with BASi® and your use of the Site. These Terms supersede all previous written or oral agreements between you and BASi® with respect to such subject matter. Notwithstanding any provision of these Terms, BASi® has available all remedies at law or equity to enforce these Terms.