Terms of service

Welcome to the Algenist.com website (the “Site”). This Site is owned by Algenist LLC (“we”, “us”, “our”, “Algenist”). We may, in our sole discretion and at any time, modify or discontinue any part of this Site. By accessing, viewing or using this Site, including all services, functions and features of this Site, you agree to be bound by, and to act in accordance with, the following terms and conditions (the “Terms and Conditions”). If you do not agree with any part of these Terms and Conditions, you must not use our site.

1. Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our Privacy Policy, which is incorporated herein by this reference.

2. Site Contents

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips, operating software, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Algenist . Contents may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties.

We allow you to view, refer to and use the Site and its Contents subject to these Terms and Conditions and provided that such material is used solely for non-commercial, personal, and informational use. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of browsing such website, the Site and its Contents may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, transmitted in any manner, or used to create derivative works of any material found on our Site without our prior written consent.

No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this Site or in the Content. The use of any Content, without our prior written consent, is expressly prohibited.

Any rights not expressly granted in our Site are reserved to us.

3. Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

4. User Provided Ideas and Submissions

Please do not send us any confidential or proprietary information through this Site. Any feedback, information, suggestions, ideas or materials you submit through or in connection with this Site (a “Submission”) will be considered non-confidential and non-proprietary by us. Algenist may in its sole discretion edit any Submission and choose to include or not include such Submission on this Site or elsewhere. By providing such Submission to us, you hereby grant to us, without compensation to you, a non-exclusive, transferable, royalty free, worldwide right and license to copy, use, make derivative words of, display, and distribute the Submission, including any copyrights, trademarks, trade dress and/or other intellectual property in such materials. We shall be free to use and/or disseminate such Submission on an unrestricted basis for any purpose. You represent and warrant that you have all rights necessary for you to grant the licenses granted hereunder for such Submission and acknowledge that you are responsible for the Submission that you provide, and that you, and not Algenist, have full responsibility for the Submission. You further waive any “moral rights” or other rights with respect to the attribution of authorship or integrity of materials with regard any Submission that you may have under any applicable law. This Section will survive termination of this agreement, including these Terms and Conditions.

5. Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6. Hyperlinks

Our Site may contain hyperlinks to websites owned and/or controlled by parties other than Algenist. Access to any other website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. We provide these hyperlinks merely as a convenience and the inclusion of such hyperlinks does not imply an endorsement by Algenist or our Representatives (as defined below in these Terms and Conditions), and Algensit and our Representatives shall not be liable for any damage that might result from your use of information or products accessed through these hyperlinks.

7. Accuracy of Information

The information materials on this Site (including any graphics, software, recommendations or other materials) and any materials made available through this Site are provided “as-is” and without warranties of any kind, either express or implied. The materials on this Site may include technical inaccuracies or typographical errors. These materials may be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Algenist undertakes no obligation to verify or maintain the currency of such information.

8. Operation and Accuracy of this Site

You agree that you use this site at your own risk. This site is provided “as is” and “as available”. Algenist is not responsible for the results of any defects that may exist in this site or its operation. To the fullest extent of the law, Algenist expressly disclaims all warranties, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Algenist makes no representation or warranty of any kind regarding the accuracy, completeness, integrity, accuracy, functionality, availability, or operation of this site. Algenist does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. We do not warrant that this site will be uninterrupted, timely, and secure, free of viruses, worms, trojan horses, time bombs, malicious code or other harmful components, or free of defects or errors; that the results that may be obtained from the use of this site will be accurate or reliable; or that defects will be corrected.

9. Limitation of Liability

We are an online service provider; we are not responsible for any loss or injury whatsoever due to this Site, its Contents, or other information published through this Site. This Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability.

We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts, or any other web host provider or the Internet infrastructure and network external to this Site. You (and not Algenist) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site. The limitations of liability provided in these Terms and Conditions inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.

Under no circumstances shall Algenist, its subsidiaries or affiliates, or any of their respective employees, officers, directors, agents or representatives (collectively, our “Representatives”) be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this site or any materials in this site, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of this site or information available on this site. Algenist shall not be liable even if Algenist or one of our Representatives has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse, time bomb, malicious code or other harmful component. In no event shall our total cumulative liability hereunder exceed $100.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

10. Termination

We may, in our sole discretion and at any time, discontinue this Site, either in part or in whole, with or without notice. You agree that any termination of your access to this Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.

11. Laws and Regulations

You must comply with all applicable laws, statutes, ordinances and regulations regarding: use of this Site and release of information to and retrieval of information from this Site.

12. Prohibited Activities

We have no obligations or responsibility for postings to this Site or liability arising from the content of any such postings to this Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

You may not use any device, software or routine, including but not limited to any viruses, worms, trojan horses, time bombs, malicious code or other harmful components, intended to damage or interfere with the proper working of this Site or to surreptitiously intercept or expropriate any system, data or personal information from this Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam,” or any other such overload technique(s).

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone violating these Terms and Conditions. We may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Algenist, our Representatives, our customers, or the public.

13. Assignment

You do not have the right to assign or transfer your rights under these Terms and Conditions to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason.

Furthermore, you acknowledge and agree that your access to and use of this Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms and Conditions.

14. Indemnification

You agree to indemnify and hold harmless Algenist and our Representatives from any claim, actions, demands, or other proceedings made by a third party due to or relating to your breach of these Terms and Conditions or your violation of law or the intellectual property, privacy or other rights of any third party.

15. Governing Law and Jurisdiction

You recognize that, although the Internet can be accessed from anywhere in the world, this Site is located in the State of California, United States of America, and that when you access this Site, you are doing so in the State of California, United States of America. These Terms and Conditions shall be governed by and construed in accordance with the internal substantive laws of the State of California without giving effect to any principles of conflict of law and the federal laws of the United States of America. Any legal action or proceeding relating to your access to, or use of, our Site shall be instituted in a state court in San Mateo County, California or the U.S. District Court for the Northern District of California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

16. Consumer Information and Rights

Please note that, if you are a consumer, the limitations in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. California users of this Site are entitled to the following consumer rights notice under California Civil Code Section 1789.3; Other states, such as New Jersey, have heightened consumer protection laws that may make certain terms of these Terms and Conditions inapplicable to you. Specifically, if you are a New Jersey consumer, these Terms and Conditions do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms and Conditions shall limit or waive your rights as a consumer under the law of your state of residence. In any event, Algenist reserves all rights, defenses and permissible limitations under the law of your state of residence. If you have any questions regarding these terms of use, please contact us by e-mail at: customerservice@algenist.com.

17. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

18. No Waiver

No failure on the part of Algenist to enforce any part of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions whether for past or future actions on the part of any person.

19. Miscellaneous

Headings are for reference purposes only. These Terms and Conditions, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

20. Continuing Terms and Conditions

We may amend, modify or supplement these Terms and Conditions at any time. Your continued use of this Site constitutes your acceptance of any such amendment, modification or supplement. Effective and updated as of January 2018.