Use of the Applications Helpline:
As a free service to its customers, TA Instruments provides after-sales telephone and online support concerning, without limitation, instrument use, maintenance, calibration and general guidelines for method development through the Applications Helpline (the “Support”).
TA Instruments reserves the right to modify or discontinue (temporarily or permanently) the Support provided to you through the Applications Helpline and may revise these Terms at any time, for any reason, and without notice to you. The Support may become out of date, and TA Instruments makes no commitment to notify you or to update any related materials posted on the TA Website. Support for any particular product, program or service may not be available in your country. You should visit this page from time to time to review the then-current Terms, which shall be binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of TA Instruments’ websites.
As a condition to your use of the Applications Helpline, you acknowledge and agree that any and all Support, including, but not limited to, analysis, interpretation or troubleshooting, provided by TA Instruments is for general informational purposes only and (i) should not be substituted for or constitute legal, professional or scientific advice and (ii) does not constitute an offer of or solicitation for the purchase of any products or services. Each potential question or issue may involve several factors that are not detailed in your conversations or interactions with TA Instruments and TA Instruments therefore cannot provide any guarantee as to the efficacy or completeness of any response it may provide.
You are prohibited from using the Applications Helpline for any purpose that is unlawful or prohibited by these Terms or any of TA Instruments’ other terms, policies or conditions. You may not use the Applications Helpline or any Support provided thereunder in any manner that could damage, disable, or impair any TA Instruments server or networks connected to any TA Instruments server. You may not attempt to gain unauthorized access to any materials, accounts, computer systems or networks connected to any TA Instruments server, through hacking or any other means.
Without in any way limiting TA Instruments’ other remedies under these Terms or under any applicable law, if you breach any of these Terms, your authorization to use the Applications Helpline automatically terminates. Use of the Applications Helpline for any other purpose except those set forth herein is expressly prohibited and may result in civil and/or criminal penalties.
SUPPORT PROVIDED BY TA INSTRUMENTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REMEDIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TA INSTRUMENTS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES.
TA Instruments further does not make any warranty or representation as to the accuracy, currency, completeness, timeliness, reliability or usefulness of any Support provided through the Applications Helpline and your use of the Applications Helpline and any such Support provided is at your sole risk. The Support provided through the Applications Helpline could include technical inaccuracies, typographical mistakes or errors. TA Instruments does not assume any responsibility or liability for any damages suffered by you as a result of your use of the Applications Helpline or any Support provided through the Applications Helpline. TA Instruments does not make any representation that it will respond to any communication by you, whether by telephone or electronic message, nor is it under any obligation to provide any response. Any Support provided to you through the Applications Helpline is provided solely as a convenience to you.
Limitation of Liability:
IN NO EVENT SHALL TA INSTRUMENTS, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE TA WEBSITE, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, DAMAGE TO PROPERTY OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SUPPORT OR THE APPLICATIONS HELPLINE, YOUR RELIANCE ON ANY SUPPORT RECEIVED THROUGH THE APPLICATIONS HELPLINE, ANY WEBSITES LINKED TO THE TA WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED YOU WERE ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. IF YOUR USE OF THE SUPPORT OR THE APPLICATIONS HELPLINE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, DATA OR PROPERTY, YOU SHALL ASSUME ALL COSTS THEREOF. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIABILITY OF TA INSTRUMENTS IN SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE EXCLUSION OR LIMITATION OF LIABILITY OF TA INSTRUMENTS UNDER ALL OTHER THEORIES OF DAMAGES IN SUCH CASE SHALL REMAIN VALID AND ENFORCEABLE.
Confidentiality and Ownership of Information:
TA Instruments makes no representation that the Support or the Applications Helpline is appropriate or available for use outside the United States, and access to the Applications Helpline from territories where such a service is illegal is prohibited. If you choose to access the Applications Helpline from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of laws.
You agree to indemnify, defend and hold TA Instruments and its third party business partners and licensors and each of its and their respective affiliates, licensees, successors and assigns and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms, your access or use of the Support or the Applications Helpline or your violation of any rights of another.
These Terms supersede any and all other agreements, understandings or terms and conditions related to the Support, including, but not limited to, any TA Instruments service plan agreement.
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