TERMS AND CONDITIONS
Atlantic Biologicals Corporation and its subsidiaries and affiliates maintain the AtlanticBiologicals.com web site (this “Web Site”) and related websites that refer to these Website Terms of Use (“Terms of Use”) as a service to its customers and prospective customers. These Terms of Use constitute an agreement between you and Atlantic Biologicals Corporation and are sometimes referred to herein as “This Agreement”. The terms “we”, “us”, and “our” refer to Atlantic Biologicals Corporation, and the terms “you” or “yours” refers to you, as user of this Web Site. If you do not wish to be bound by these Terms of Use, you should not access or use this Web Site and you must terminate your use immediately. Proceeding to use this Web Site indicates your acknowledgment you have read and accepted these Terms of Use. You also represent that you are at least 18 years of age and possess the legal capacity to enter into this Agreement. You may print a copy of these Terms of Use for your records at any time by using the “print” function on your Internet browser.
Copyrights, Trademarks, and IP Rights Generally
Atlantic Biologicals Corporation enforces its intellectual property rights to the fullest extent allowed by law. The entire contents of this Web Site are copyrighted under United States copyright laws by Atlantic Biologicals Corporation. No part of this Web Site may be reproduced, stored in a retrieval system, transmitted, or retransmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the company Atlantic Biologicals Corporation. You may print and download portions of material from the different areas of this Web Site solely for your own informational, non-commercial, individual, and internal reference, provided that you reproduce the copyright notice which appears at the end of these Terms of Use. Any content, software and other material downloaded from this Web Site (“Content”) are the property of Atlantic Biologicals Corporation or its licensors and is protected by United States and international copyright and intellectual property laws and treaty provisions. All rights to patents, copyrights, trademarks, service marks, trade secrets and other intangible property rights in the Content or any modifications to it shall remain in Atlantic Biologicals Corporation and its licensors. To the extent any Content consists of software, you may not modify, reverse engineer, decompile, disassemble, or create derivative works based on the Content, or remove any proprietary notices or labels that it contains. Subject to the foregoing, you may make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from different areas of this Web Site solely for your own informational, non-commercial, individual reference, if you do reproduce the copyright notice which appears at the end of these Term of Use Copyrights. Any other copying, distribution or publication is strictly prohibited without the express prior written consent of Atlantic Biologicals Corporation. Any unauthorized use terminates any permission or license granted by Atlantic Biologicals Corporation.
Atlantic Biologicals Corporation service and product names are trademarks and/or service marks of Atlantic Biologicals Corporation, its affiliates and/or its subsidiaries. These and all other names, logos and marks on this Web Site are owned or licensed by Atlantic Biologicals Corporation and may not be used by you without express prior written permission from Atlantic Biologicals Corporation.
Privacy Statement
Atlantic Biologicals Corporation has a privacy statement pertaining to the Web Site (Privacy Statement”) that sets forth the privacy policies and practices of Atlantic Biologicals Corporation as they relate to the collection, use, processing, and disclosure of information in connection with your use of this Web Site. The Atlantic Biologicals Privacy Statement can be accessed by visiting Atlantic Biologicals Privacy Statement , and is incorporated into these Terms of Use by reference, as if set forth fully herein. Any changes to the Atlantic Biologicals Privacy Statement will be automatically incorporated into the Terms of Use, effective upon posting of such changes.
User-Provided Information and User-Generated Content
Any questions, comments, feedback, suggestions, ideas, or the like (collectively, “Feedback”) you provide through this Web Site is without obligation of any kind, and Atlantic Biologicals Corporation will be free to reproduce, use, disclose and distribute such Feedback to others without limitation. You agree to grant to Atlantic Biologicals Corporation a non-exclusive, royalty-free, worldwide, perpetual license, with the right to use, sublicense, reproduce, distribute, create derivative works of, publicly display and publicly perform any Feedback, including any materials and other information (including, without limitation, ideas for new or improved products and services) you submit to Atlantic Biologicals Corporation through this Web Site (including through e-mail, bulletin boards, forums or news groups) by any means and in any medium. To the extent permitted under the Atlantic Biologicals Privacy Statement accessed by clicking Atlantic Biologicals Privacy Statement. You also grant to Atlantic Biologicals Corporation the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising and promotional material related to it. You agree that you will have no recourse against Atlantic Biologicals Corporation for any infringement or misappropriation of any proprietary right in your Feedback and communications to us.
You understand and agree that e-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. You agree not to submit or transmit any communication or materials through this Web Site that (i) is defamatory, threatening, obscene or harassing, (ii) violates the legal rights of others or breach any legal duty owed to others, (iii) contains a virus, worm, Trojan horse, or any other harmful component, (iv) incorporates copyrighted or other confidential or proprietary material of any third party without that party’s permission or (iv) otherwise violates any applicable laws or regulations. Atlantic Biologicals Corporation shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as (x) specified in these Terms of Use, (y) set forth in the Atlantic Biologicals Privacy Statement or (z) set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law or regulation
Inclusion of Other Notices and Terms
This Web Site may contain other notices, terms and conditions and copyright information, the terms of all of which must be observed and followed. Information provided on this Web Site does not constitute an offer to sell any product or service or engage in any other commercial transaction until Atlantic Biologicals Corporation accepts your order or the parties enter into a mutual agreement. You may have other agreements with Atlantic Biologicals Corporation. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise, or amend the terms of any other agreements you may have with Atlantic Biologicals Corporation.
Links
Links in this Web Site may allow you to leave Atlantic Biologicals Corporation’s Web Site or be sent to another third-party’s website. Atlantic Biologicals Corporation is providing these links to you only as a convenience, and the inclusion of any link neither implies endorsement by Atlantic Biologicals Corporation of the linked site nor obligates you to click the link. Third-party linked sites are not under the control of Atlantic Biologicals Corporation and Atlantic Biologicals Corporation is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You are responsible for taking precautions to ensure that whatever you select for your use is free of such items as infection viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties, and other items of a harmful or destructive nature. It is also your responsibility to review the privacy statements on any linked sites, as their privacy rules and standards may be different than Atlantic Biologicals Corporation’s and Atlantic Biologicals Corporation is not responsible for their privacy statements or practices. You should also review the terms and conditions of any linked sites. Atlantic Biologicals Corporation welcomes bookmarks and links to its Web Site for lawful purposes. You are free to establish a hypertext link to this Web Site as long as the link does not state or imply any sponsorship or endorsement of your site by Atlantic Biologicals Corporation. Atlantic Biologicals Corporation reserves the right, in its sole discretion at any time, to deny any request, or rescind any permission granted, to link to this Web Site and to require termination of any such link to this Web Site. You may not frame any content of this Web Site or utilize any framing techniques in any way, including but not limited to enclosing any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), without Atlantic Biologicals Corporation’s prior written consent. You may also not incorporate any intellectual property contained on this Web Site or owned by Atlantic Biologicals Corporation or its licensors. You may not use any meta tags or any other “hidden text” utilizing Atlantic Biologicals Corporation’s name or trademarks without the express written consent of Atlantic Biologicals Corporation. IN NO EVENT WILL ATLANTIC BIOLOGICALS CORPORATION, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS INTERRUPTION DAMAGES EVEN IF ATLANTIC BIOLOGICALS CORPORATION OR ITS REPRESENTATIVES HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THE LINKED SITES SET FORTH IN THIS SECTION.
Connected Devices
Use of this Web Site may (i) require compatible devices (e.g., personal computer, mobile phone, tablets, and other consumer electronic devices), Internet access or Wi-Fi, certain software, and wireless plans with necessary wireless data features; (ii) require periodic updates; and (iii) be affected by the performance of the factors set forth herein. Your use of mobile device features may result in increased charges from your wireless carrier.
Limits on Accuracy
This Web Site was developed as a service by Atlantic Biologicals Corporation to provide information about its products and services. Atlantic Biologicals Corporation makes reasonable efforts to make information contained on this Web Site accurate at the time it is created. However, information may become outdated over time. It is important that you rely on the advice of an appropriate professional when interpreting and using this information. Nothing contained on this Web Site is to be construed as medical, legal, investment, financial or other advice, or any instruction or guidance regarding any products supplied or distributed by Atlantic Biologicals Corporation. The information on this Web Site is not intended to be a substitute for such advice. Atlantic Biologicals Corporation makes no warranties or representations as to the accuracy of any information on this Web Site. All users agree that all access to and use of this Web Site is at their own risk. Information on this Web Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Atlantic Biologicals Corporation may also make improvements and changes in the products and services described in this Web Site at any time without notice.
Forward Looking Statements
Material on this Web Site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements and phrases may include words like “believe”, “estimate”, “anticipate”, “plan”, “predict”, “may”, “hope”, “can”, “will”, “should”, “expect”, “intend”, “is designed to”, “with the intent”, “potential”, or the negative of these words or such other variations thereon or comparable terminology. The absence of any such word does not mean that a statement is not forward-looking. The absence of any such word does not mean that a statement is not forward-looking. Forward-looking statements are intended to communicate expectations regarding future events. Atlantic Biologicals Corporation’s actual performance or conditions may differ significantly from such statements. By nature, forward looking statements involve risk and uncertainties and sometimes turn out to be wrong or inaccurate. You should not place undue reliance on any such statements. Factors that can affect accuracy of forward-looking statements are included in Atlantic Biologicals Corporation’s periodic filings with the SEC, including its most recent Form 10-K. Atlantic Biologicals Corporation has no obligation to update or revise the statements made herein or the factors referred to herein.
Products/Programs Not Available Everywhere
Information Atlantic Biologicals Corporation publishes on this Web Site may contain references or cross-references to Atlantic Biologicals Corporation products and services that are not announced or available in your locale or for which you do not have appropriate licensing or other regulatory approval. Such references do not imply that Atlantic Biologicals Corporation intends to announce such products or services in your locale or to make such products available to you without such regulatory approval. To ensure that you have current and accurate information about products and services of interest to you, please contact your local Atlantic Biologicals Corporation sales representative.
No Unlawful or Prohibited Use
As a condition of your use of this Web Site and Content, you agree not to use this Web Site or its Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use this Web Site or its Content in any manner that could damage, disable, overburden, or impair any Atlantic Biologicals Corporation server, or the network(s) connected to any Atlantic Biologicals Corporation server, or interfere with any other party’s use and enjoyment of this Web Site and its Content. You agree not to attempt to gain unauthorized access to this Web Site, other accounts, computer systems or networks connected to any Atlantic Biologicals Corporation server or to this Web Site, through hacking, password mining or any other means. You also agree to not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web Site or its Content.
Security
Although Atlantic Biologicals Corporation makes a genuine effort to secure information and transactions conducted on its Web Site, it cannot and does not guarantee communications and transactions conducted online will be secure. You acknowledge this and that system failures may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of Atlantic Biologicals Corporation’s online services, including the risk posed by any breach in the security of communications and transactions you conduct with Atlantic Biologicals Corporation online. You are solely responsible for maintaining the confidentiality of your username and password and other security devices and agree Atlantic Biologicals Corporation will have no obligation regarding them. You are also entirely responsible for any and all activities that occur under your account and you may not use anyone else’s account at any time without the permission of the account holder. You agree to notify Atlantic Biologicals Corporation immediately of any unauthorized use of your account or any other breach of security. Atlantic Biologicals Corporation will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Atlantic Biologicals Corporation or another party due to someone else using your account or password. Atlantic Biologicals Corporation reserves the right to terminate accounts for failure to satisfy these terms. For purposes of identification, billing, and marketing, you agree to provide Atlantic Biologicals Corporation with accurate, complete, and up-to-date information required for the services and, specifically, you agree to notify Atlantic Biologicals Corporation within 10 days of any changes in any such information.
Security
You understand that Atlantic Biologicals Corporation cannot and does not guarantee that content available from or on this Web Site will be free of infection, viruses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this Web Site for the reconstruction of any lost data. You assume all responsibility and risk for your use of this Web Site, including your responsibility to evaluate the accuracy, completeness and usefulness of all material and reports provided through or generated by this Web Site. Atlantic Biologicals Corporation does not warrant that this Web Site will be uninterrupted or error-free or that defects in this Web Site will be corrected. Content, including any software provided on this Web Site and related communications, are provided “as is” for information purposes only and Atlantic Biologicals Corporation makes no guarantee or warranty with respect to correctness, reliability, accuracy or appropriateness of the material or the results obtained from the use of the services provided on this Web Site. You agree that use of this Web Site is at your own risk. In addition, all warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose even if Atlantic Biologicals Corporation or its authorized representatives have been advised of the possibility of any such purpose, or non-infringement. Atlantic Biologicals Corporation has no obligation or duty to update any information on this Web Site.
IN NO EVENT WILL ATLANTIC BIOLOGICALS CORPORATION, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSOCIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DISTRIBUTING THIS WEB SITE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF ATLANTIC BIOLOGICALS CORPORATION OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ATTRIBUTABLE TO USE OF THIS WEB SITE, INCLUDING ANY DAMAGES DUE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEB SITE OR CONTENT OR OTHER MATERIAL DOWNLOADED THROUGH OR HYPER LINKED FROM THIS WEB SITE. IN ANY EVENT, THE TOTAL OF ALL DAMAGES, INCLUDING DIRECT DAMAGES (WHETHER GROUNDED IN CONTRACT, TORT OR OTHERWISE) ARISING UNDER OR RELATED TO THIS WEB SITE, OR THE RESULTS OBTAINED THEREFROM, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL SUMS PAID BY YOU TO ATLANTIC BIOLOGICALS CORPORATION FOR SERVICES PROVIDED THROUGH THIS WEB SITE DURING THE ONE (1) MONTH PRIOR TO THE DATE ON WHICH SUCH DAMAGES WERE FIRST INCURRED, OR IF YOU DO NOT PAY FOR ANY SERVICES RENDERED TO YOU THROUGH THIS WEB SITE, $100. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, ATLANTIC BIOLOGICALS CORPORATION ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity
You agree to indemnify, defend, and hold harmless Atlantic Biologicals Corporation and its affiliates and their respective officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to this Web Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any information you provide or from any violation of this Agreement by you.
Waiver and Release
You hereby release and forever waive any and all claims you may have against Atlantic Biologicals Corporation, its affiliates, subsidiaries, officers, directors, employees, agents, associates, representatives, and suppliers for losses or damages you sustain in connection with your use of this Web Site. This waiver may not apply to gross negligence by Atlantic Biologicals Corporation or any other claims that cannot be lawfully waived or limited.
Term and Termination
Atlantic Biologicals Corporation may terminate your right to use this Web Site at any time, with or without cause. You are under no obligation to use or continue to use this Web Site. Atlantic Biologicals Corporation may terminate, suspend, or discontinue any functionality or feature of this Web Site at any time without notice. We will not be liable to you or any third party for any such termination. However, if you have an agreement with Atlantic Biologicals Corporation that provides for the operation of such functionality, Atlantic Biologicals Corporation will continue employing such functionality subject to the terms and conditions of that agreement.
General
This Agreement will all be governed and construed in accordance with the internal laws of the Miami, Florida applicable to agreements made and to be performed in Florida. You agree that any legal action or proceeding between Atlantic Biologicals Corporation and you for any purpose concerning this Agreement or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in Miami Florida, USA. Any claim or cause of action you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any rights not expressly granted herein are reserved to Atlantic Biologicals Corporation. Atlantic Biologicals Corporation’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. Atlantic Biologicals Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you. All provisions of this Agreement will be deemed to be severable. This Agreement and its related documents supersede all prior oral and written representations and agreements, which may have been entered into by the parties to this Agreement that relate to the subject matter of this Agreement. Captions in this Agreement are intended for convenience of reference only. Words used in this Agreement, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. This Agreement will benefit, and be binding upon, the successors and assigns of the parties to this Agreement. Neither party to this Agreement will be liable for its failure to perform an obligation under this Agreement if that failure results from any cause, except financial, beyond that party’s reasonable control. Any provision of this Agreement may survive this Agreement’s termination if the provision’s context shows that the parties to this Agreement intended the provision to survive.
Atlantic Biologicals Corporation
Corporate Headquarters
20101 NE 16th Place. Miami, FL 33179
Phone number: 1-800-509-7592
Updates and Modifications to Terms of Use
These Terms of Use become effective on February 1, 2021. Atlantic Biologicals Corporation may update and modify this Agreement at any time and from time to time, and such updates and modifications will be effective immediately upon posting the updated/modified Agreement. You agree to review this Agreement periodically to be aware of such updates and modifications and your continued access or use of this Web Site after any updates and modifications will be deemed your conclusive acceptance of the updated/modified Agreement.
© Copyright Atlantic Biologicals Corporation – March– 2021
