NOTICE TO USER: THE FOLLOWING TERMS AND CONDITIONS ARE APPLIED TO YOUR ACCESS TO AND USE OF THE PROTTECHģ WEB SITE
AND THE USE OF PROTEOMIC SERVICE (THE 'SERVICE', AS DEFINED BELOW) PROVIDED BY PROTTECH, INC. (HEREINAFTER "PT"), AND CONSTITUTE A
LEGALLY BINDING AGREEMENT BETWEEN YOU AND PROTTECH. COMPLETING THE REGISTRATION PROCESS CONSTITUTES YOUR
ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Description of the service. The ProtTech ģ service (the service) includes, but not limited to, protein identification, protein de novo sequencing, qualitative analysis of
protein post-translational modifications, quantitative analysis of protein
post-translational modifications, other contracted researches, and assay
development. A "userĒ is a person who completes the ProtTech registration process, and
delivers one or more samples (by mail or in person) to PT.
- No Sample Return. Because mass spectrometry is the major step in the analysis performed by
PT, and nature of the mass spectrometric analysis is destructive, all samples
sent to PT for analysis cannot be recovered after analysis. No samples, in part or whole, will be returned to user.
- No Radioactive and Biological Hazard Sample. PT will not accept any sample that is radioactive or may cause
biological hazard. The samples sent to PT may be subjected to screening for radioactivity and biological hazard.
- Confidentiality of Analysis. Information about any user submitted sample and results from the analysis by
private and confidential. PT will not disclose or distribute this information to any third party.
PT will take necessary measures to safeguard
the confidentiality of these data. PT will provide to users the options of Internet, fax, regular mail, used designated type of express mail for the
deliveries of results from such analysis. However, All the transmission made by means of the Internet, Fax or mail cannot be made absolutely secure.
PT will have no liability for disclosure of these data due to errors in transmission, unauthorized acts of third parties, or the neglect of on user
side in receiving, storing, or handling these information.
- Publication, Patent Application and Licensing. For the discovery partially or totally based on the analysis done by
PT, user are allowed to and encouraged to publish the results from analysis done by
PT in scientific journals, apply for patent(s), or license their
discovery to other party. Generally, PT waiver its right to be the co-authorship in such publication, and ownership for intelligent property
resulted from these discovery, providing user agrees to properly acknowledge
PTís contribution in the related publication or patent application. In
some special cases, PT may have an individual agreement with another party to share royalty in some collaborating discovery projects. The
intelligent property right will be determined by individual agreement between two parties in such case.
- User Information. User agrees to provide true, accurate, current and complete information as requested by the service's
registration forms. Such information is needed for delivery of result, invoice, billing, and technical support. This
information will be kept private and confidential. PT will not sell, reveal or distribute user information to any third party.
- Post-Analysis Support. Both free and fee based technical support, publication and presentation assistance and consultation service to
user, which includes but not limited to, on-line, email and telephone support to answer question regarding result from analysis of user's ample;
description of certain details in experimental methods and related references which may be needed for publications, making specific slide or
figures for presentation and publication by users. By default, such support will be continued for
three years after the date of analysis, then ProtTech will be free to
remove such data from its data archive without prior notices to users.
- Proprietary Rights of Raw Files and Software. In a typical proteomic analysis done by
PT, a sample sent is processed and
then analyzed by a mass spectrometer, which generate "raw file". The "raw file" is processed by one or more computers
"processing" programs. The output is then used to search one or more bioinformatics "search program".
PT expert or expert team
analyze the output from computer search to draw final conclusion about the analysis, which is delivered to user as results. User acknowledges and
agrees that any raw file from analyzing a user's sample will be the intellectual properties of ProtTech, INC. User is provided with
option by PT to obtain a copy of "raw file" from the user's sample with a minor processing fee. However
user often need computer software (processing program, often licensed from the manufacture of the certain mass spectrometer) in order to visualize and
process a raw file. For those users who want to analyze raw file by themselves, they need to obtain such
license directly from the vendor of the software, and PT has no obligation and will not provide or resale such software program. Also,
PT will not
provide or sale its bioinformatics software used in its analysis (search program), which developed by
PT or licensed from other source.
- Modifications. PT reserves its right, at its sole discretion, to change, modify,
discontinue, temporarily or permanently, the Service, including removal or addition of functionality or content, and/or change the terms and conditions
of this Agreement. User will be notified via notice on this Service or email of any material changes or
modifications to the Service and this agreement. PT may change certain non-material feature of the Service without notice and liability.
- Billing Information and Service Payment. User agrees to provide correct and complete billing information
(billing name, billing address, P.O. number or account number, etc.) to PT before starting the service. User is responsible to make payment within 30
days, or period specified in an agreement between PT and the user, after receiving a invoice from
PT upon completing an analysis of user's sample(s). PT reserves its right to delay the deliver the final results to user without receiving correct and complete billing information.
PT reserves its right to
refuse providing future service to user who has failed to make service payment to in a reasonable and timely manner.
- Disclaimer of Warranties. THE SERVICES
DESCRIBED HERE ARE EXPERIMENTAL IN NATURE. THEREFORE, NO WARRANTIES,
EXPRESSED OR IMPLIED, ARE GIVEN CONCERNING RESULTS FROM THE SERVICE,
INCLUDING ANY WARRANTIES OF CORRECTNESS, COMPLETENESS, OR FITNESS FOR A
- Disclaimer Of Liability. PROTTECH, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS WHETHER ARISING FROM OR RELATING TO TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE. EXCEPT AS OTHERWISE PROVIDED BY LAW, PTíS SOLE LIABILITY TO USER, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, WILL NOT EXCEED THE
AGGREGATE AMOUNT PAID BY USER OR USER'S EMPLOYER FOR SERVICE.
- Governing law and Jurisdiction. The service is controlled and operated by
PT located in the Commonwealth of
Pennsylvania, the United States of America. This agreement shall be governed by and construed with the applicable laws of the United States, and
Commonwealth of Pennsylvania. It is users responsibility to assure that this agreement is in compliance with applicable laws of user's region, state, or