This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: October 17, 2011.
OWL Website and Product Terms and Conditions
In these terms and conditions, “OWL” shall mean One World Lab, Inc., 6490 Lusk Blvd., Ste. E103, San Diego, CA 92121.
The Terms and Conditions set out below shall apply to OWL products and services, and to products distributed by OWL on behalf of other suppliers.
OWL shall be entitled to amend at any time in its absolute discretion the terms and conditions by posting them on this website in amended form with a note of the date when such amendments shall take effect. Your continued use of the website after the date any amendments shall take effect shall be construed as your acceptance to such amendments.
To use or access the site, you must be 18 years or older, and have the requisite power and authority to enter into these terms. You may may not access of use the site if you are a competitor of ours, or if we have previously banned you from the site or closed your account.
We grant you permission to use the site subject to the restrictions in these terms. Your use of the site is at your own risk.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
- Violate our content polciy, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the site for commercial purposes, except as expressly permitted by OWL;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the site's search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the site or site content (other than Your Content), except as expressly authorized by OWL;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the site or any site content;
- Reverse engineer any portion of the site;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site or on any materials printed or copied from the site;
- Record, process, or mine information about other users, except as permitted in the terms;
- Access, retrieve or index any portion of the site for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the site;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on OWL's technology infrastructure or otherwise make excessive traffic demands of the site;
- Attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the site through hacking, password mining or any other means;
- Use the site or any site content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- Use any device, software or routine that interferes with the proper working of the site, or otherwise attempt to interfere with the proper working of the site;
- Use the site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the site, features that prevent or restrict the use or copying of site content, or features that enforce limitations on the use of the site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
All orders are subject to availability. Prices of products do not include freight and packing, tax, VAT or import duties where these are applicable.
Price and other information provided is subject to change without notice, and prices may be changed up to the time of delivery. While every effort is made to keep information provided by OWL up to date, OWL will not be liable to you or anyone else if errors should occur in information provided on this website.
When your order is received OWL will confirm receipt. However, formal acceptance of the order will only take place when the goods are dispatched. If prices should be changed between the time of receipt of an order and dispatch, OWL will contact you in advance.
When your order is received OWL will confirm receipt. Confirmation of receipt will include confirmation of (i) delivery costs, (ii) arrangements for delivery, and (iii) expected delivery time. However, formal acceptance of the order will only take place when the goods are dispatched. If prices should be changed between the time of receipt of an order and despatch, OWL will contact you in advance.
Invoices should be paid no later than 30 days after the invoice date, and customers must themselves pay any bank charges that are incurred in making the payment. Full payment instructions are set out on the invoice.
At any time and without notice, past due amounts under any invoice may be offset by OWL against overpayments, credits or any other amounts due to the customer from OWL.
Receipt of products
Packaging and products should be inspected immediately upon receipt. Notification of damage, shortages or defects should be given immediately by e-mail or fax.
Risk in the products passes on dispatch. Property in the products does not pass until the product has been paid for in cleared funds.
Return & replacement policy
Quality is important to OWL. Therefore if a product does not perform as described on the datasheet please notify us within 6 months of delivery using and our dedicated team of scientific experts will examine the detail to determine whether the problem is protocol related or product related:
- For protocol-related problems, our experts will give you independent professional advice.
- For product-related problems, a replacement or refund will be offered.
If you do not provide details of your protocol or follow the recommendations of our experts, OWL will unfortunately be unable to issue a replacement or refund.
This offer is only valid for products purchased directly from OWL and its authorized distributors.
If items are ordered incorrectly by the customer OWL will consider taking them back, however this excludes products which have special shipping requirements including those shipped on dry ice and those hazardous for transport. This will be subject to a 20% restocking charge on the items plus any shipping, handling and packaging costs.
In the unlikely event of receiving an incorrect item, please contact OWL in the first instance and store the antibody in the fridge at 4°C in the original packaging. Please do not attempt to return the item yourself. OWL will then get back to you as soon as possible to ensure you receive the correct item. For products which have special shipping requirements including those shipped on dry ice, please store as indicated on the datasheet and contact OWL as soon as possible.
All requests for returns must have prior authorization and must be shipped back to OWL within 7 working days of receipt of the items. Items must be returned in the same or equivalent packaging (i.e. cold and insulated) as originally dispatched by OWL.
Product use limitations
All OWL products are "FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC, THERAPEUTIC OR ANY IN VIVO USE".
OWL will not be liable for any professional advice it may offer in relation to the use of the products nor any claims or applications not listed in the literature or the misuse of products which will include using the products for diagnostic, therapeutic or in vivo use in human subjects. OWL cannot provide a guarantee for all applications for which a specific reagent may be used. Further, information disclosed in OWL product literature should not be considered as a recommendation to use its products in violation of any patents. OWL shall not be liable for its failure to perform any of its obligations resulting from circumstances beyond its reasonable control. OWL will notify its customers as soon as practically possible after it becomes aware of deficiencies in a product supplied. Any claim relating to products shall be limited to replacement or refund of original purchase price paid. Except for personal injury or death caused by OWL's negligence (for which no limit applies), OWL will not be liable (under contract, by negligence or any other way) for any indirect or consequential loss or damage arising out of or in connection with the products or this Agreement and OWL's total aggregate liability for any loss or damage in respect of the products or this Agreement will not exceed the amount paid for the products under this order.
Except for the express warranties set out in these terms, all other warranties express or implied, statutory or otherwise are hereby excluded to the extent permissible by law.
The contents of this website, such as text, graphics, images information and other material ('Content'), are protected by copyright, trademark, and other intellectual property laws, and all intellectual property rights in them belong to OWL, or are licensed to it.
OWL authorizes you to use the Content on this website solely for the purpose of purchasing product from us or otherwise promoting our products but you are not permitted to use the Content in competition with us or our products.
In order to provide our customers with as much supporting information as possible, there may be pages on our website that link to third party internet sites, for instance, to a scientific conference website. OWL is not responsible for the content of such external internet sites.
All customers, including unauthorized distributors buying from OWL with the purpose of reselling OWL products, agree to comply with all United States laws and regulations controlling the export of commodities and technical data and that they will be solely responsible for any violation of such by their actions. In particular, it is understood and acknowledged that the transfer of certain commodities and technical data is subject to United States laws and regulations controlling the export of such commodities and technical data, including all Export Administration Regulations of the United States Department of Commerce. These laws and regulations, among other things, prohibit or require a license for the export of certain types of technical data to certain specified countries.
Contracts and agreements with OWL shall in all respects be governed by and interpreted in accordance with California law.
All users of the OWL website are deemed to have accepted these Terms and Condition in their entirety.
Nothing in these terms is intended to provide any rights to third parties to enforce any term.
OWL SHALL NOT BE LIABLE FOR ITS FAILURE TO PERFORM ANY OF ITS OBLIGATIONS RESULTING FROM CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. OWL WILL NOTIFY ITS CUSTOMERS AS SOON AS PRACTICALLY POSSIBLE AFTER IT BECOMES AWARE OF DEFICIENCIES IN A PRODUCT SUPPLIED. ANY CLAIM RELATING TO PRODUCTS SHALL BE LIMITED TO REPLACEMENT OR REFUND OF ORIGINAL PURCHASE PRICE PAID.
OWL WILL NOT BE LIABLE FOR ANY PROFESSIONAL ADVICE IT MAY OFFER IN RELATION TO THE USE OF THE PRODUCTS NOR ANY CLAIMS OR APPLICATIONS NOT LISTED IN THE LITERATURE OR THE MISUSE OF PRODUCTS WHICH WILL INCLUDE USING THE PRODUCTS FOR DIAGNOSTIC, THERAPEUTIC OR IN VIVO USE IN HUMAN SUBJECTS. OWL CANNOT PROVIDE A GUARANTEE FOR ALL APPLICATIONS FOR WHICH A SPECIFIC REAGENT MAY BE USED. FURTHER, INFORMATION DISCLOSED IN OWL PRODUCT LITERATURE SHOULD NOT BE CONSIDERED AS A RECOMMENDATION TO USE ITS PRODUCTS IN VIOLATION OF ANY PATENTS.
EXCEPT FOR PERSONAL INJURY OR DEATH CAUSED BY OWL'S NEGLIGENCE (FOR WHICH NO LIMIT APPLIES), OWL WILL NOT BE LIABLE (UNDER CONTRACT, BY NEGLIGENCE OR ANY OTHER WAY) FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THIS AGREEMENT EVEN IF OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND OWL'S TOTAL AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE IN RESPECT OF THE PRODUCTS OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCTS UNDER THIS ORDER. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY FULLY TO YOU.
TO THE EXTENT PERMITTED BY LAW, OWL DISCLAIMS ALL OTHER WARRANTIES ON THE SERVICES OR THE CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.OWL RESERVES THE RIGHT TO REFUSE TO ACCEPT ANY ORDER WHERE IT REASONABLY BELIEVES THAT THE PRODUCTS WILL BE OFFERED FOR RESALE OR ONWARD DISTRIBUTION BY AN UNAUTHORISED DISTRIBUTOR OR RESELLER.