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Terms and Conditions

1. TERMS & CONDITIONS

1.1 Please read the following Terms and Conditions (“Terms”) contained in this document carefully, as well as Our Privacy Policy and Cookie Policy before You start to use this website www.amer-sil.com.

1.2 Your use or access of this website constitutes your acceptance of the Terms set out herein and that you agree to be bound by the Terms.

1.3 Throughout this website, the terms « we », « us », « our » and « AMER-SIL » refer to AMER-SIL S.A. having its office at 61 rue d’Olm, L-8281 KEHLEN, Luxembourg.

1.4 “You” refers to any person accessing and/or using this website.

2. PRIVACY NOTICE

We are committed to protecting your privacy. Any personal information or material sent to AMER-SIL website are subject to AMER-SIL policy on privacy and protection of personal information as set out in the Privacy Notice located on this website.

3. COOKIE POLICY

3.1 Definition 3.2 Use of cookies

An internet browser cookie is a block of data (text files not executable) that will be stored on your terminal device (computer, phone, tablet …) subject to the expression of your consent. It allows the websites you visit to memorize certain information about you, including the details of your browsing. In however, it does not allow your identification. The purpose of this policy is to explain to you the use made of the cookies by the website www.abracabiosystems.com and the information necessary to the exercise of your right to refuse the installation of cookies.

Cookies allow you to:

• Ensure the smooth running of our services; • Facilitate your navigation; • Memorize navigational information or filled in with forms; • To count the number of terminals accessing our services; • To establish attendance statistics.

The main purpose of the data thus obtained is to improve your use of our website.

In order to disable the cookies, we use for the statistics of visit and the audience measurements of our site you can download a browser add-on and install it on your

3.3 Your choice to refuse cookies

5.1 Whilst we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete.

browser by visiting this page: https://tools.google.com/dlpage/gaoptout?hl=en

The deposit of a cookie requires your explicit prior consent and unambiguous: you can at any time accept or refuse the deposit of Cookies. Refusal to install a cookie may make it impossible to access certain services.

You can also configure your computer in the same way next, to refuse the installation of cookies if you change your mind:

Internet Explorer Tool tab (pictogram in form of cog in top on the right) / options Internet. Click Privacy and choose Block all cookies. Validate on Ok. Firefox At the top of the browser window, click the Firefox button, and then go in the Options tab. Click on the Privacy tab. Set the Rules on, use custom settings for History. Finally uncheck it to disable cookies. Safari Click on the top right of the browser on the menu icon (symbolized by a cogwheel). Select Settings. Click on View advanced settings. In the “Privacy” section, click Content settings. In the “Cookies” section, you can block Cookies.

Chrome

Click at the top right of the browser on the menu pictogram (symbolized by three horizontal lines). Select Settings. Click Show Advanced Settings. In Privacy section, click on preferences. In the tab “Confidentiality”, you can block cookies.

If you encounter any problem relating to the management of cookies, you can contact us at the following address: contact@amer-sil.com

4. ACCESS OR USE OR WEBSITE

4.1 The access to the website is permitted on a temporary basis and We reserve the right to withdraw or amend the website without notice to you. We will not be liable if for any reason the website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to the website. You are also fully responsible for ensuring that any person who has access to the website through your internet connection is aware of these Terms and that they comply with them.

4.2 We may at Our sole discretion restrict access to some parts of the website or entire website to limited group of users such as users who have registered with Us.

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

5.2 Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

6. TRANSMISSION

6.1 Any non–personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non–confidential and non–proprietary. Anything you transmit or post becomes the property of AMER-SIL and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

6.2 Furthermore, AMER-SIL is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that AMER-SIL’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. AMER-SIL is under no obligation to use the information submitted.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All copyright and other intellectual property rights in all text, images and other materials on this website are the property of AMER-SIL or are included with the permission of the relevant owner.

7.2 Your use of the website and its contents does not grant you any rights to Our intellectual property or the intellectual property of third parties in the Website and its contents.

7.3 Other than as expressly permitted in these Terms, You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website. However, You may download or print insubstantial extracts of the content of the Website to Your hard disk for the sole purpose of viewing it provided that no more than one (1) temporary copy of any information is made. You may also print one (1) copy or extract of any page from the Website for Your personal reference or non-commercial use and You may draw the attention of others within Your organisation to material posted on the Website, provided always that You acknowledge Our status (and that of any identified contributors) as the authors of material on the Website.

7.4 In downloading or printing any content from the website, You must not remove or amend any trademark, copyright notice or other proprietary notice, legend or restriction including product identification details from any of the material or information contained on pages of the website. In addition, You are not allowed to modify, in any way, the paper or digital copies of any materials You have printed or downloaded, and You must

not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.5 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from Us or Our licensors. You may not copy or republish any such information in any other manner without our prior written consent.

7.6 Any use other than that permitted under this paragraph 3 may only be undertaken with Our prior express authorisation.

7.7 If You print, copy or download any part of the Website in breach of these Terms, Your right to use the Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

7.8 Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the website may be in breach of statutory or common law rights which could be the subject of legal action.

7.9 AMER-SIL is a registered trademark in certain jurisdictions. In addition, certain words, phrases, logos, icons, graphics or designs used on the pages of the Website may constitute Our trade names or unregistered trademarks of Ours or Our affiliated companies. The display of any of the above trade names or trademarks on the website does not imply that any license has been granted to You.

7.10 We reserve to right take any action to prevent the unauthorised use of Our intellectual property rights.

7.11 Unless otherwise stated, third parties (e.g. business partners, government departments, customers and associates) who publish their content on the website retain full copyright ownership of their material.

7.12 All third party product or company names, devices, logos, icons, graphics or designs referred to on the Website are or may be trademarks of their respective owners and are exhibited in good faith and in such a manner as intended to be for the benefit of such trade mark owners. We do not give permission for their use by any person other with the consent of their owners. Any such use without consent may constitute an infringement of the owner’s rights. The appearance or absence of any third party products, services, companies, organisations, home pages or other websites on the Website does not imply any endorsement or non-endorsement by Us.

8. LINKS TO OTHER WEBSITES

Links on AMER-SIL websites may take you outside AMER-SIL network and systems and AMER-SIL accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and AMER-SIL cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by AMER-SIL. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

9. WARRANTIES AND DISCLAIMERS

Your use of this website is at your own and exclusive risk.

10. WARRANTIES

10.1 This website and all content on the website is provided to you on an « As Is » and « As Available » basis and consequently, AMER-SIL gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non–infringing to third parties, that access to this website will be un–interrupted or error–free or free from viruses, that this website will be secure, that any advice or opinion obtained from AMER-SIL through this website is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed.

10.2 Any decisions or action taken by You on the basis of information provided on or via the website are at Your sole discretion and risk and You should obtain professional advice where necessary.

10.3 You may note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Accordingly, you may please check your local laws.

10.4 We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.

11. LIABILITY

11.1 AMER-SIL and/or any other party involved in the creating, producing or delivering this site on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.

11.2 AMER-SIL and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

11.3 Further, AMER-SIL shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.

11.4 To the maximum extent permitted by applicable law, you expressly waive all claims against AMER-SIL, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.

11.5 We do not accept any liability for:

  1. • damage to Your computer system or loss of data or other proprietary material that results from Your use of the website or in connection with Your downloading of any material posted on it, or on any website linked to it, unless such damage results from Our negligence; and
  2. • any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which You may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or Your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

11.6 Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not promise that the information on the website itself will be free from errors or omissions.

11.7 We do not promise that the website will be available uninterrupted and in a fully operating condition and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.

11.8 Access to the website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.

12. INDEMNITY

You agree to indemnify Us against all claims, liability, damages, losses, costs and expenses, (including legal fees), suffered by Us and arising out of any breach of the Terms by You (including in relation to any materials and/or information submitted by You) or any other liabilities arising out of Your use of the website or the use by any other person accessing the website using Your internet account.

13. PROHIBITED ACTIVITY

You are prohibited from doing any act that AMER-SIL in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:

  • Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
  • Using this website to defame or libel AMER-SIL, its employees or other individuals or acting in such a way that brings into disrepute the good name of AMER-SIL;
  • Do anything that wpuld seek to bypass or interfere with any security feature of the website or interfere with any of Our websites, servers or networks;
  • Attempt to gain unauthorized access to any part or component of the Website, the server on which the website is stored or any server, computer or database connected to the Website;
  • Uploading files that contain viruses that may cause damage to the property of AMER-SIL or the property of other individuals; and
  • Posting or transmitting to this website any non–authorised material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of AMER-SIL or third party´s systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful. 14.1 For websites offering products
  • 14.2 For informative websites

14. JURISDICTION AND GOVERNING LAW

AMER-SIL makes no representation that the products and the content of this website are appropriate or available in every country from where it is possible to access this website. Please contact our local distributor to obtain more information about availability of the products in your country. The products appearing in this website are only visual representations and as such are not an accurate reflection of their real size, packaging colour etc.

You and AMER-SIL agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by Luxembourg law and be submitted to the exclusive jurisdiction of the courts of Grand-Ducy of Luxembourg.

AMER-SIL makes no representations that the material and information on this website are appropriate or available in all national locations or languages. AMER-SIL agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by shall be governed by Luxembourg law and be submitted to the exclusive jurisdiction of the courts of Grand-Ducy of Luxembourg.

15. LEGAL NOTICE UPDATE

We reserve the right to make any changes and corrections to this notice. You may please refer to this page from time to time to review these and new additional information.

16. YOUR CONCERNS

If you have any concerns about material which appears on the Website, or if You wish to report any inaccuracies or faults on the Website, or if You have any other suggestions about how the content may be improved, please contact at contact@amer-sil.com.

All rights not expressly granted in these Terms are expressly reserved by AMER-SIL.

These Terms are dated May 2020

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