Terms & Conditions

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Using This Site

1. Terms and Conditions of Use of Site

a. These Terms of Use govern your use of the information, content, tools, products, and any services on this website (the “Site”), which is provided by FUJIFLM Diosynth Biotechnologies U.S.A., Inc. (“FUJIFILM” or “us” or “we” or “our”). Please read these Terms of Use carefully before using the Site.

b. Through your Use of this Site, you agree on behalf of yourself and any entity on whose behalf you may act, to accept and abide by these Terms of Use for each Use of and each visit to this Site. For the purpose of these Terms of Use, “Use” includes without limitation: (i) the access, use and/or download of any information, reviews, data, ideas, text, graphics, messages, software, images, or any other materials (collectively, “Content”) posted or transmitted for posting, on this Site by anyone (the “Site Content”), and/or (ii) the transmission, posting or uploading of any Site Content. If you do not agree to abide by these Terms of Use, you must not Use this Site.
c. FUJIFILM has the right, in its sole discretion, to add to, remove, modify, update or otherwise change any part of the Terms of Use, in whole or in part, at any time. Any changes, modifications, updates, or otherwise made to the Terms of Use take effect once they are posted. Please check the Terms of Use frequently for updates by checking the date of “Last Update” at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of any changes made to these Terms of Use.

d. These Terms of Use apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with FUJIFILM.

2. Changes to Site

Including without limitation as set out in Section 1.c., we occasionally update these Terms of Use based on changes to the Site and other factors. FUJIFILM may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site, (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the “Services”) or any features thereof, (iii) removing, adding, modifying or otherwise changing a user account or, any Content transmitted, posted or uploaded by users (“User Content”) or, (iv) refusing to post any User Content, in whole or in part, in FUJIFILM’s sole discretion, whether such Content is in violation of the Terms of Use or otherwise. FUJIFILM reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

3. Services of Site

The Site currently provides or may provide the following Services:

  • information about FUJIFILM products and services;
  • promotions, contests and sweepstakes; and
  • links to other websites which FUJIFILM believes may provide information of benefit to users of this Site; and

4. Permitted Uses

You agree to only Use the Site and the Services for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws, laws relating to copyright of content and laws relating to unsolicited commercial electronic messages (“Applicable Laws”). You will only send and receive Site Content that is proper and related to the particular Service, and FUJIFILM (subject to the Terms of Use herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right, to so Use the Site and the Services solely for your internal business use. The Site is not intended for use by consumers.

5. Prohibited Uses

You represent and warrant that you will not, nor will you allow others to, directly or indirectly:

a. remove or copy any of the Site Content, or remove the copyright or other proprietary notices contained in the Site Content; sell, reproduce, modify or attempt to modify the Site Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Site Content on any other website, or transfer any of the Site Content to any other person without the prior written consent of FUJIFILM;

b. print or copy any of the HTML or other computer software and/or code that is accessible at this Site;
c. use or interact with this Site in any manner that could damage, disrupt, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any Services, system resources, accounts, servers, networks, computer software, hardware, telecommunications equipment and/or affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site material containing computer viruses, Trojan horses, worms or other files, code or computer programs which are potentially harmful, damaging, disruptive and/or destructive);

d. use any robot, spider, scrapers or other means (whether by automatic program or device, manual process or otherwise) to monitor, copy, summarize, harvest, collect, process, combine, store or otherwise extract, use or disclose any information from this Site or the Site Content in whole or in part, respecting other users (including, but not limited to, the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any user); or circumvent or violate robot exclusion headers or any other means of limiting access;

e. harass another user, use or attempt to use another’s account, password, or other information in connection with this Site; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a FUJIFILM employee or agent, an employer or a recruiter, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;

f. disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Site Content posted by any other person or entity; or

g. post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity.

In addition, you agree that you are solely responsible for actions or communications undertaken, or Content transmitted, uploaded or posted in the course of your usage of this Site. If you breach any term of these Terms of Use your right to Use the Site including without limitation any Site Content will immediately end.

FUJIFILM will investigate any breach which may involve violations of Applicable Laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. FUJIFILM reserves the right at all times to disclose any Site Content or other Content transmitted by you as necessary to satisfy any law, regulation or governmental request.

6. Proprietary Rights

This Site, including without limitation all Site Content, contains the proprietary information of FUJIFILM or its licensors and is protected by U.S. and international copyright law and may not be copied (except as necessary to view this Site in your web browser), distributed, modified, or reproduced, in whole or in part, without the prior written permission of FUJIFILM. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your Use of this Site and to prevent any unauthorized copying of the Site Content. Any software, including any files and images generated by such software and code and data accompanying such software used or accessible through this Site (the “Software”) is the copyrighted work of FUJIFILM or its licensors. FUJIFILM or its licensors retains all right, title, and interest in and to the Site Content and the Software. Except as permitted by Applicable Laws, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

For greater certainty, FUJIFILM’s services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. FUJIFILM reserves all such rights.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation DIOSYNTH, FUJIFILM and VALUE FROM INNOVATION constitute trademarks, logos, trade names, trade dress and associated products and services of FUJIFILM or its affiliates (collectively, “Marks”), and their display on this Site does not convey or create any license or other rights in these Marks. You are strictly prohibited from using, copying, downloading, displaying, transmitting, or modifying any Mark in any way, whether in whole or in part, unless you have obtained prior written authorization of FUJIFILM to do so. In addition, you are not authorized to make use of FUJIFILM’s Marks as metatags.

Other trademarks, logos, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trademarks, logos, trade names, trade dress and associated products and services on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.

Except as expressly provided herein, FUJIFILM does not grant any express or implied right or license to you to use any intellectual property from the Site, including without limitation any patent, trademark, copyright, trade secret, any Marks, or confidential information, of FUJIFILM or of any other contributor of Site Content.

7. Links and Disclaimers of Linked Sites

FUJIFILM may provide hyperlinks to sites owned or operated by third parties (“Third-Party Sites”) or permit a link from a Third-Party Site to this Site. FUJIFILM provides these links only as a convenience and they do not imply any affiliation with, or an endorsement, authorization, sponsorship, or promotion of the Third-Party Site. These linked sites are not necessarily under the control of FUJIFILM, and FUJIFILM accepts no responsibility for the content, products, and/or services provided at these Third-Party Sites. If you decide to access such Third-Party Sites, you will leave this Site and should do so solely at your own risk, and you should be aware that Third-Party Sites are governed by their own terms and conditions. It is your responsibility to take all protective measures to guard against viruses and other destructive elements. FUJIFILM is not liable for any damages incurred as a result of clicking on a link to any Third-Party Site. Additionally, a Third-Party Site may contain its own privacy statement governing the collection and use of your information, and FUJIFILM is not responsible for the use of any information submitted to any Third-Party Site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any Third-Party Site.

FUJIFILM is not responsible for the contents of any such Third-Party Sites or any other pages not under FUJIFILM’s express control. FUJIFILM makes no representation or warranty regarding, and does not endorse, any Third-Party Site, the information appearing thereon or any of the products or services described. Links do not imply that FUJIFILM sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third-Party Site is authorized to use any trade-mark, trade name, logo or copyright symbol of FUJIFILM.

Links to this Site may be made only with the prior written permission of FUJIFILM and only in a way that is fair and legal and does not damage our reputation or take advantage of it in any manner and you will remove any such link promptly at FUJIFILM’s request. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the applicable provisions of these Terms of Use. By establishing a link to this Site, you will be deemed to have agreed to the following link conditions and any other linking provisions we may impose from time to time (“Link Conditions”):

a. If you link to this Site, and subject to you obtaining FUJIFILM’s prior written permission in respect of such link, FUJIFILM grants to you a limited, non-exclusive, non-transferable, royalty-free license to use the Fujifilm word mark (the “Licensed Marks”) solely for the purpose of serving as a link from the applicable web site to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of FUJIFILM’s Marks for any reason without FUJIFILM’s prior written permission.

b. The linked website, and other materials, shall not:

  1. change in any material way (including in respect of its nature and/or features) from how it was described to FUJIFILM in the written notice provided to FUJIFILM prior to written permission of FUJIFILM being granted and the establishment of the link;
  2. create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
  3. imply that FUJIFILM is endorsing you, or any other person or entity, or your or such other person’s or entity’s products or services;
  4. imply an affiliation between you or any other person or entity, or your or such other person’s or entity’s products or services, and FUJIFILM without the prior written consent of FUJIFILM;
  5. misrepresent the relationship of you or any other person or entity with FUJIFILM or present false, misleading or otherwise damaging information or impressions about FUJIFILM or any of its products or services;
  6. contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups; or
  7. incorporate the Site or the Site Content into another website or application.

FUJIFILM may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If FUJIFILM exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks.

You agree to abide by these Link Conditions (as amended by FUJIFILM from time to time in its sole discretion).

8. Privacy Statement; Electronic Communication Consent

Any of your personal information which FUJIFILM collects via this Site is subject to FUJIFILM’s privacy policy and cookies policy https://fujifilmdiosynth.com/privacy-policy/ (the “Policies”), which are integral parts of these Terms of Use and are hereby incorporated by reference into the Terms of Use. We update the Policies from time to time, so you should check these regularly to see whether any changes have been made.

Except where you are accessing the Site from the United Kingdom or the European Union, by your Use of this Site you consent to FUJIFILM and its representatives collecting, using and disclosing your personal information in the manner described in the Policies. You also hereby consent to FUJIFILM and its representatives sending direct electronic marketing to you regarding this Site, the Site Content and the Services in accordance with the privacy policy.

If you are a user accessing this Site from the United Kingdom or the European Union, any collection and other processing of your personal information by FUJIFILM via this Site will be carried out in accordance with the Policies and any direct electronic marketing in connection with the Site will be undertaken in compliance with Applicable Laws.

You can change your electronic marketing communications preferences at any time by emailing contactfdb@fujifilm.com with your request.

9. User Communications; Content; Guidelines

Subject to any Applicable Laws and the requirements of the privacy policy, any Content sent, transmitted, uploaded or posted by you or on your behalf to this Site or otherwise to FUJIFILM is provided on a non-confidential basis, including any ratings or reviews posted by you, and FUJIFILM is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. You hereby grant to FUJIFILM, its affiliates and their respective service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide right and license to use access, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, delete, adapt, publish, translate, create derivative works from, and otherwise use any Content in any form, media or technology now known or later developed, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services, without providing compensation to you or to any other person, and without any liability to you or any other person. You hereby waive the right to receive any financial or other consideration in connection with such Content, including without limitation acknowledgment of you as the source of such Content. You irrevocably waive any moral rights or rights of a similar nature that you may have in any Content that you submit, including rights to integrity and attribution of authorship. By transmitting, uploading or posting any Content with respect to the Site, you represent and warrant that the Content you transmit, upload, post, supply or otherwise provide does not and will not:

a. violate these Terms of Use or any Applicable Laws, including (but not limited to) any provincial, local, territorial, federal, national or international law or regulation and will not cause injury to any person or entity, and any posting or use thereof as contemplated herein will not violate any Applicable Laws, including (but not limited to) any provincial, local, territorial, federal, national or international law or regulation;

b. contain obscenities, nudity, unlawful content or anything which could be reasonably deemed as being harmful, threatening, explicit, abusive, harassing, defamatory, libelous, vulgar, pornographic, obscene, invasive of another’s privacy, hateful, tortious, racially, ethnically or otherwise objectionable or not suited for a public forum;

c. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

d. harm children in any way;

e. depict or describe an unlawful or criminal act or advocates, promotes, or incites any third party to commit, or assist any unlawful or criminal act;

f. contain statements which members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

g. infringe or violate any third party’s patent, copyright, trade-mark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Laws;

h. include email addresses, URLs, phone numbers, physical addresses or other forms of contact information including but not limited to any name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual;

i. impersonate any person or entity, including a FUJIFILM member of staff, or falsely state or otherwise misrepresents your affiliation with a person or entity;

j. contain content that you do not have a right to transmit under any Applicable Laws or under contractual or fiduciary relationships (such as “inside information”, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

k. contain any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

l. utilize the Site for any commercial purpose;

m. contain critical or spiteful comments regarding other reviews posted on the Site, their authors or anyone else; or

n. contain references to a retailer or a competitor’s name or model.

10. Policy for Submitted Ideas

FUJIFILM and its affiliated companies maintain a policy not to accept any ideas from the public in order to avoid possible future confusion between such submitted ideas and ideas of our own, and also to avoid restriction of our own original research and development activities. Such ideas shall be considered Content for purposes herein. Notwithstanding the foregoing request, if your ideas are brought to our attention, through this Site or by e-mail/postal mail etc., then you hereby grant to FUJIFILM via a royalty-free, perpetual, non-exclusive, irrevocable, worldwide, right and license to use, adapt, reproduce, modify, disseminate, publicly display, incorporate into other works or otherwise exploit all content, remarks, suggestions, ideas, graphics, or any other ideas and information submitted through this Site (“Submissions”). FUJIFILM may use Submissions for any and all purposes including, but not limited to, advertising, promoting, and publicizing FUJIFILM and its businesses, products, services, or any promotion or offer presented by FUJIFILM in any and all media without incurring liability for royalties or other consider of any kind. Any Submissions will be treated, unless made upon our request and as otherwise agreed upon in writing by us, upon the understanding that you agree to the following terms:

  • FUJIFILM and its affiliated companies are under no obligation to handle Submissions as confidential information.
  • FUJIFILM and its affiliated companies are under no obligation to study, evaluate, or adopt any Submissions.
  • FUJIFILM and its affiliated companies may ourselves be developing and creating ideas identical or similar to any Submissions and even if we utilize such ideas in any of our products, or publish or announce information identical or similar in whole or in part to the Submissions, we shall neither be responsible nor liable for any compensation therefor.

11. Disclaimers

FUJIFILM makes reasonable efforts to ensure that the content it provides to the Site is accurate and current. However, FUJIFILM is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. We will not be responsible as author, editor or publisher of any Content transmitted with respect to the Site or uploaded or posted to the Site and we expressly exclude our liability (subject to Section 12.b below) for any loss or damage arising from the Use of the Site by any person in contravention of these Terms of Use.

By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be misstated or deceptively stated.

You acknowledge that:

a. FUJIFILM makes no representation or warranty of any kind regarding the Site, the Site Content, and each Service, including without limitation as to the accuracy, reliability, currency, veracity or completeness of the Site Content or about the results to be obtained using the Site Content or any Service;

b. you will be solely responsible for any Content you provide the Site or otherwise provide to FUJIFILM, including without limitation for its truthfulness and accuracy; and

c. the Site, the Site Content, and each Service are provided on an “AS IS” basis; and that any Use of or reliance on this Site or any Site Content shall be at your sole risk.

FUJIFILM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW) ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING AND USAGE OF TRADE. FOR GREATER CERTAINTY, FUJIFILM DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE AND FUJIFILM DOES NOT WARRANT OR REPRESENT, IN ANY MANNER, THAT THE INFORMATION ON THIS SITE IS COMPLETE, ACCURATE, UP-TO-DATE OR THAT KNOWN DEFECTS WILL BE CORRECTED.

SUBJECT TO SECTION 13.B BELOW, WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED HEREIN DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM, TRANSMISSION LINK, OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, LABOUR DIFFICULTIES, INTERRUPTION OF TRANSPORTATION, ACTS OF ANY GOVERNMENT AUTHORITY, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

12. Limitation of Liability

a. SUBJECT TO SECTION 13.B BELOW, IN NO EVENT WILL FUJIFILM OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF FUJIFILM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN FUJIFILM’S AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES WITH RESPECT TO LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

b. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR LIABILITY TO YOU FOR: (A) DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, (B), FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY OTHER MATTER FOR WHICH WE ARE NOT PERMITTED BY APPLICABLE LAW TO EXCLUDE OR LIMIT OUR LIABILITY.

13. Indemnity

You agree to defend, fully indemnify and hold harmless each of FUJIFILM, its affiliates and each of their respective directors, officers, employees and agents, including all third parties mentioned at the Site, from and against any and all costs, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising in connection with: (1) your Use of the Site including Submissions or any other Content that you transmit, upload or post to the Site, or (2) your misrepresentation or your breach of the Terms of Use.

14. Choice of Law and Jurisdiction

a. This Site is controlled, operated and administered by FUJIFILM from its offices within the State of North Carolina, USA. FUJIFILM makes no representation or warranty that Site Content at this Site are appropriate or available for use at any locations inside or outside the U.S., and accessing such Site Content from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

b. BY ACCESSING THIS SITE AS A BUSINESS USER, YOU AGREE THAT THESE TERMS OF USE (AND ANY NON-CONTRACTUAL OBLIGATIONS ARISING OUT OF OR IN CONNECTION WITH THEM) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PRINCIPLES, AND THAT YOU WILL COMPLY WITH ALL SUCH APPLICABLE LAWS. You agree not to export any of the Site Content accessible through this Site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms of Use.

c. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Infringement Notice

If you believe in good faith that any Site Content infringes upon your copyright rights, you may request that such Content be removed, or that access to it be blocked. All such notices shall be sent to FUJIFILM at the address in the “Contact Us” section below.

Please provide us with sufficient contact information so that we may contact you if necessary to address your notice. Any personal information you provide in the notice shall be used solely for the purpose of addressing your request for removal.

16. General

These Terms of Use (as updated from time to time) constitute the entire agreement between FUJIFILM and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between FUJIFILM or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your Use of this Site or which is the subject of the Terms of Use must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and FUJIFILM. FUJIFILM’s failure to insist upon or enforce strict performance of any provision of the Terms of Use or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms of Use shall be made except by a revised posting on this page made expressly by FUJIFILM. The Terms of Use shall inure to the benefit of FUJIFILM and its affiliates. Any and all references in the Terms of Use to FUJIFILM and its affiliates shall, where the context so permits, include FUJIFILM’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on the Site. FUJIFILM may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.

17. Additional Terms of Use

Certain areas of this Site are subject to additional terms of use, all of which are incorporated by reference into these Terms of Use. You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

18. Contact Us

Should you have any questions regarding these Terms of Use, you may contact FUJIFILM at:

FUJIFILM Diosynth Biotechnologies U.S.A., Inc.
101 J. Morris Commons Lane
Morrisville, NC 27560
Email:  contactfdb@fujifilm.com

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