2.1 We will grant the use of the Online Shop to all users, regardless of whether they are registered and were provided with access data for the Online Shop by us or not (hereinafter: “Online Shop Users” or “you”).

2.2 We will inform you of the possibility to register for the Online Shop. Upon such potential Online Shop User’s or legal entities’ request, we will provide a registration form to be completed and returned to us for approval and registration.

2.3 We reserve the right to refuse an application for registration without citing any reasons for such refusal. We will inform you of any such refusal.

2.4 If the application is approved you will be registered and we will provide access data (user identification and initial or permanent password) to you for your personal use.

2.5 We reserve the right to withdraw your registration or to limit your access to certain parts of the Online Shop content. We may inform you on such withdrawal or limitation.

2.6 You are entitled to terminate your registration at any time by giving notice by e-mail or by following respective instructions within the Online Shop.

3.1 We will use our best endeavors to provide access to the Online Shop and all or certain parts of the Online Shop content free of charge and subject to these Terms of Use. We reserve the right to improve, expand, change or delete Online Shop content in whole or in part (e.g. in relation to functionalities), including the partial or complete withdrawal of functions and will use our best endeavors to inform you accordingly.

3.2 You are obliged

3.2.1 to keep the access data confidential, not to communicate or disclose your access data third parties (including without limitation other individuals within its organization, company or legal entity) and to protect your access data against intentional or accidental disclosure to third parties. No third party must be enabled by you to use the access data;

3.2.2 to inform us immediately if you have reason to believe that third parties have become aware of your access data or if you have indication of any form of unauthorized use of access data, and you shall be liable for any unauthorized use of your access data by third parties unless you can prove that such unauthorized use was not caused by your fault.

3.2.3 not to provide access to the Online Shop to third parties, and we shall not be liable for any damages for such use of the Online Shop by third parties,

3.2.4 to refrain from any form of unauthorized use of the Online Shop or the Online Shop Content, including but not limited to attempts made to overcome or circumvent the security mechanisms of the Online Shop or to otherwise incapacitate them, using computer programs enabling automatic data readouts, as well as using and/or circulating viruses, worms, Trojans, brute force attacks, spam or using other links, programs or procedures that are suited to damage us, the Online Shop and/or other Online Shop Users,

3.2.5 to take all necessary and reasonable steps to prevent or limit damage caused by the use of the Online Shop, in particular to

(a) arrange for the regular backup of your own data outside the Online Shop,

(b) ensure that only the latest version of the Online Shop is used, and

(c) diligently check the information provided via the Online Shop or have such information checked and cleared by an expert, particularly with regard to compliance with applicable norms and permits, prior to using them for own purposes, as the information provided via the Online Shop only serves as an aid for evaluation, interpretation and assessment by you.

4.1 You are not permitted to adopt the content of the Online Shop by linking to the Online Shop without appropriate labelling. In any case, it must be evident that you are linking to our content.  In particular, “framing” is prohibited, in which it is not clearly displayed on the third-party website that the internet address changes after clicking the link to our Online Shop. Third party websites containing hypertext links to the Online Shop are not under our control and we therefore decline all liability (particularly as publisher) concerning access to, and the content of, such websites.

4.2 The Online Shop may also contain links to third party websites not published or controlled by us. Such links are provided as a convenience only. They may not be interpreted as an explicit or implicit endorsement of such websites, their content, or of any product or services thereby offered. We assume no responsibility for the content of any external website.

5.1 Except for User Content (defined below), all of the content on our Online Shop – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (hereinafter: “Content”) – is owned by NALGENE or others we license Content from, and is protected by copyright, trademark, patent and other laws. We reserve all rights not expressly described in these Terms.

5.2 All trademarks, service marks and trade names are owned, registered and/or licensed by us. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Online Shop or Content.

5.3 You agree not to change or delete any ownership notices from materials downloaded or printed from the Online Shop.

5.4 To the extent we approve the download or use of Content comprised of copyrights or copyrightable works, we grant you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as we make such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. We reserve the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. We reserve the right to take down any Content in violation of these terms or our intellectual property rights. We are allowing you this limited use does not constitute a waiver of any of our rights to the Content.

5.5 Outside of the specific usage rights granted to you by us in connection with the Online Shop, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Online Shop), without our prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

6.1 We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of culpable injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty
• in the event of fraudulent concealment of defects.

6.2 In the event of a simple negligent breach of essential contractual obligations by us, our legal representatives or vicarious agents, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely, liability shall be limited to the amount of damage foreseeable and typically occurring at the time of conclusion of the contract.

6.3 Otherwise, claims for damages are excluded.

7.1 We do not participate in the procedure for alternative dispute resolution in consumer matters in accordance with Directive 2013/11/EU or the corresponding national implementation law.

7.2 The European Commission provides an Online Shop for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure.

9.1 We may propose an amendment to these Terms of Use to you at any time. The amendment shall be offered to you in text form (e.g. by e-mail) within a reasonable and proportionate period of time, which shall be at least 30 days before the proposed date of entry into force of the amendment. The change offered to you shall only enter into force if you agree to it as follows:

9.2 If the change is a material change, we will ask you to expressly agree to the change. A material change is such a change to these Terms of Use (in particular the provisions on the type and general scope of the agreed services or on the term and termination) in our favour that significantly shifts the previously agreed relationship between service and consideration to your detriment or would be equivalent to the conclusion of a completely new contract. A change to these Terms of Use due to a change in the legal situation, a legally binding court judgement or an interim injunction does not constitute a material change.

9.3 If a proposed amendment is not a material amendment in the aforementioned sense, your consent shall be deemed to have been given if you do not expressly reject the amendment in text form (e.g. by e-mail) to us before the proposed date of entry into force of the amendment. If you do not agree with the change, you have the right to terminate the contract without notice and free of charge until the proposed effective date of the change. In the message with which the changes are offered, we shall specifically inform you in advance of your right of refusal, the deadline for this and the consequences of missing the deadline as well as the possibility of cancellation. The amended Terms of Use will also be published on our Online Shop.

10.1 The law of the State of Massachusetts shall apply. If you are a consumer, the choice of law only applies to the extent that it does not deprive you as a consumer of the protection afforded to you by mandatory provisions of the law applicable in the state of your habitual residence.

10.2 If you are a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use between us and you is our registered office.

10.3 Should individual provisions of these Terms of Use be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions of the contract.