*Pace Analytical National Center for Testing and Innovation will be closed Thursday November 26th 2020, Friday December 25th 2020, and Friday January 1st, 2021. Considering these dates, please refrain from shipping the work-day prior to these dates to avoid a minimum 24-hour delay in processing your samples which may result in unavoidable non-conformance issues. For all submittals and microbiological testing, please contact your Project Manager with any questions or for scheduling assistance.
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Please Agree To The Terms Below
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.esclabsciences.com and https://MyData.esclabsciences.com
3. APPLICABILITY OF Pace Analytical National Center for Testing & Innovation STANDARD TERMS AND CONDITIONS
These TOU shall govern the use of the MyData Portal. These TOU do not (and are not intended to) change, alter, amend, or vary the Pace National's Standard Terms and Conditions (referred to hereafter as the "Standard Terms") or any other written agreement between you and Pace National.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in the MyData portal is owned, controlled or licensed by or to Pace National, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws to the extent any exist. Pace National takes reasonable efforts to ensure the safety of the MyData Portal and to keep the same free of malicious content, including, without limitation, computer viruses, malware, Trojan horses, corruption, and errors. You understand and agree that, as no safety measures are impenetrable, Pace National does not warrant that the code, Content, data, files, or other information on the MyData Portal is free from malicious content, including, without limitation, computer viruses, malware, Trojan horses, corruption, and errors. As such, you understand and agree that Pace National is neither responsible nor liable for damages resulting from any malicious content, including, without limitation, computer viruses, malware, Trojan horses, corruption, and errors, present on the MyData Portal.
5. ACCESS TO THE MyData PORTAL
Access to the MyData Portal requires you to establish a password protected account. You alone bear full responsibility for maintaining the confidentiality of the information you provide to create and maintain your account, including your user name, password, and any data or other information you provide with respect to your account. Passwords are for individual users and are not to be shared amongst users, even those who work at the same company. Sharing access (using a single user name and password) with another MyData Portal user is strictly prohibited. You agree to immediately notify Pace National of any unauthorized access to your account, password, or other account related information.
6. THIRD PARTY CONTENT, SITES, AND SERVICES
The MyData Portal and Content available therein may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Pace National, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the MyData Portal, including payment, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Pace National shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of the MyData Portal, or between users and any third party, you understand and agree that Pace National is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Pace National, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
7. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Pace National's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
Pace Analytical National Center for Testing & Innovation
12065 Lebanon Road
Mt. Juliet, TN 37122
Please provide our Agent with the following Notice:
a) Identify the material on the MyData Portal that you claim is infringing, with enough detail so that we may locate it;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Pace National will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
8. INFORMATION SENT TO Pace National
All emails, messages, ideas and suggestions sent to Pace National will become the sole property of Pace National. Pace National assumes no liability for interception of such transmissions; they are transmitted at the sole risk of the user.
9. DISCLAIMERS; EXCLUSION OF WARRANTIES; EXCLUSION OF DAMAGES
A. Pace National WARRANTS THE ACCURACY OF THE FINAL DATA, REPORTS AND OTHER LAB RELATED INFORMATION THAT IT HAS PLACED IN YOUR ACCOUNT.
B. Pace National IS NOT RESPONSIBLE FOR THE USE OF PRELIMINARY DATA, REPORTS AND OTHER LAB RELATED INFORMATION THAT IT HAS PLACED IN YOUR ACCOUNT
C. Pace National DOES NOT WARRANT THE ACCURACY AND FITNESS FOR USE OF DATA AND REPORTS THAT YOU HAVE PRODUCED USING REPORT BUILDER.
D. Pace National IS NOT RESPONSIBLE IF THE TOOLS ARE USED TO MISREPRESENT THE DATA AND DOING SO IS A VIOLATION OF THESE TOU.
E. Pace National DOES NOT WARRANT THAT CODE, CONTENT, FILES, ACCESS OR ANY COMBINATION OF THEM ARE FREE OF ERRORS, VIRUSES OR CORRUPTIONS
F. IN NO EVENT SHALL Pace National OR ITS AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, DIRECTORS, OR OFFICERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH USE OF, THE WEBSITE, OR LINKS, SERVICES, PRODUCTS, OR INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, LOST SAVINGS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
G. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE AGREEMENT BETWEEN Pace National AND YOU, THE USER. WE WOULD NOT PROVIDE THIS WEBSITE WITHOUT SUCH LIMITATIONS.
H. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE PREVIOUS PARAGRAPHS MAY NOT APPLY TO YOU.
I. WITHOUT NOTICE, AND WITHOUT LIABILITY, Pace National MAY TERMINATE OR RESTRICT ACCESS TO THIS WEBSITE.
10. FURTHER LIMITATIONS OF LIABILITY AND REMEDIES
Pace National declares that these TOU are intended to create legal obligations between you and Pace National, and that those obligations are intended to be enforceable. You understand and agree that you may only undertake to seek enforcement of these legal obligations in accordance with these TOU YOUR SOLE REMEDY IF YOU HAVE A CLAIM BECAUSE OF YOUR USE OF THIS WEBSITE IS TO STOP USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL Pace National BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Pace National HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MyData PORTAL, THE SERVICES, OR THE PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MyData PORTAL, THE SERVICES, OR THE PRODUCTS, FROM INABILITY TO USE THE MyData PORTAL, THE SERVICES, OR THE PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MyData PORTAL, THE SERVICES, OR THE PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MyData PORTAL, THE SERVICES, THE PRODUCTS, OR ANY LINKS ON THE MyData PORTAL, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MyData PORTAL, THE SERVICES, OR THE PRODUCTS OR ANY LINKS ON THE MyData PORTAL. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
However, Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
11. DATA SECURITY
Pace National undertakes to store Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity.
Pace National undertakes to transmit Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity.
Pace National undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behavior by Pace National's staff-members and contractors. These include:
- training for staff in relation to privacy;
- access control, to limit access to Your Data to those staff and contractors who have legitimate reasons to access it;
- particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
- reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behavior;
- declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behavior
- clear communication of policies and sanctions; and
- processes to audit, to investigate and to impose sanctions.
12. DATA USE
Use refers to the application of Your MyData Data by any part of Pace National, or any staff-member or contractor of Pace National in the course of their work.
Pace National undertakes to use Your MyData Data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed between Pace National and You;
- such additional purposes as may be required by law. In these circumstances, Pace National will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
- such additional purposes as are authorized by law (in particular to protect Pace National's interests, e.g. if it believes on reasonable grounds that You have failed to fulfill your undertakings to Pace National or have committed a breach of the criminal law).
Pace National undertakes to use Your MyData Data only if it has demonstrable relevance to the particular use to which it is being put.
Pace National undertakes to use Your My Pace National Data in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.
13. DATA DISCLOSURE
Disclosure refers to making Your Data available to any party other than Pace National and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
Pace National undertakes to disclose Your Data only under the following circumstances:
- in the course of business being conducted between You and Pace National, where disclosure is necessary to a contractor, such as a contract programmer or database administrator. Where Your Data is disclosed in this way, Pace National undertakes to exercise control over Pace National's contractors to ensure that their actions are compliant with these TOU;
- in other circumstances that are directly implied by the purpose agreed between You and Pace National at the time of data collection or subsequently. Where Your Data is disclosed in this way, Pace National undertakes to exercise control over Pace National's contractors to ensure that their actions are compliant with these TOU;
- with your consent, or at your request;
- where required by law, such as a provision of a statute, or a court order such as a search warrant or subpoena. In these circumstances, Pace National will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
- where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Pace National believes on reasonable grounds that the disclosure of Your Data will materially assist in the protection of the life of health of some person), provided that Pace National will apply due diligence to ensure that the exercise of the permission is justifiable.
In all cases, Pace National undertakes to disclose only such of Your Data as is necessary in the particular circumstances.
14. DATA RETENTION AND DESTRUCTION
Subject to the qualifications immediately below, Pace National undertakes:
- to retain data available to you in MyData (your MyData Data) only as long as is consistent with its purpose; and
- to destroy your MyData Data when its purpose has expired, and to do so in such a manner that your MyData Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
- Your MyData Data may be retained in Pace National's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
- Your MyData Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or subpoena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Pace National:
- will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
- will only retain Your Data while that provision is current, and will then destroy Your Data;
- Your MyData Data may be retained beyond the expiry of its purpose if it is authorized by law (in particular to protect Pace National's interests, e.g. if it believes on reasonable grounds that you have failed to fulfill your undertakings to Pace National or have committed a breach of the criminal law). In these circumstances, Pace National will only retain Your MyData Data while that situation is current, and will then destroy Your MyData Data.
15. HANDLING OF INQUIRIES, GENERAL CONCERNS AND COMPLAINTS
- to communicate them in the first instance:
- to Pace National only;
- in sufficient detail;
- through a channel made available by Pace National for that purpose;
Pace National undertakes:
- to provide one or more channels for communications to Pace National, which are convenient to users;
- to promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Pace National's reference-code for the communication;
- to promptly provide a response to the communication, in an appropriate and meaningful manner.
You further undertake to not pursue Pace National through any Regulator or the media:
- until and unless Pace National has had a reasonable opportunity to respond to the initial communication; and
- while Pace National and you remain are conducting a meaningful dialogue about the matter.
16. ACCESS TO THE MyData PORTAL
Pace National grants you a limited, revocable, nonexclusive license to access the MyData Portal for your own business use. This license does not include and you may not use any collection, aggregation, copying, duplication, display or derivative use of the Services and Products nor any use of data mining, robots, spiders, deep-links, page-scrapes or similar data gathering and extraction tools for any purpose unless expressly permitted by Pace National. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
You may not attempt to obtain access to any portion or feature of the MyData Portal, any systems or networks related or connected thereto, or any Services though hacking, password mining, or any other illegitimate means.
Use of the MyData Portal beyond the scope of authorized access granted to you by Pace National immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the MyData Portal, Services, or Products for other purposes not stated herein, you must first obtain a license from Pace National.
17. TERMINATION OF THE MyData PORTAL, THE SERVICES, & THE PRODUCTS
18. PROPRIETARY RIGHTS
The MyData Portal and the Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on MyData Portal is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the MyData Portal or the collective work, and/or copying or reproducing the MyData Portal or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Pace National. You further agree not to reproduce, duplicate or copy Content from the MyData Portal without the express written consent of Pace National, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the MyData Portal. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the MyData Portal. Pace Analytical National Center for Testing & Innovation is a registered mark in the U.S. Patent and Trademark Office.
19. INDEMNITY AGREEMENT
You agree to indemnify and hold Pace National, its officers, directors, shareholders, predecessors, successors, employees, and agents harmless for any demands, losses, liability, claims, expenses, and attorneys' fees, asserted against Pace National by a third party arising out of your use of the MyData Portal, the Services, or the Products.
20. RESOLUTION OF DISPUTES
If a dispute arises between you and Pace National, you agree that this Agreement shall be governed in all respects by the laws of the State of Tennessee as they apply to agreements entered into and to be performed entirely within Tennessee between Tennessee residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Pace National must be resolved by a state court located in Wilson County, Tennessee, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the state courts having jurisdiction within Wilson County, Tennessee for the purpose of litigating all such claims or disputes. Before resorting to litigation, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us section of the MyData Portal or the Pace National website. In our sole discretion, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, arbitration, or other alternatives to litigation.
21. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the TOU.
22. THE MyData PORTAL IS PROVIDED ONLY FOR USE WITHIN THE UNITED STATES
The MyData Portal may only be used in accordance with all applicable laws. If you are accessing the MyData Portal from outside the United States, you do so on your own initiative, and you are responsible to ensure compliance with the laws of the United States which include export control laws applicable to software, and the laws of the jurisdiction in which you are accessing the MyData Portal and any other laws to which you may be subject.
23. CHILDREN'S ONLINE PRIVACY PROTECTION
The MyData Portal is not intended for use by Minors. If you allow a minor child to use this site, you shall be responsible for any losses, damages, or other harm resulting therefrom.
Please report any violations of the TOU by emailing:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, if it becomes necessary for Pace National to pursue legal action to enforce these TOU, you agree to pay Pace National's actual damages, in addition to reasonable attorneyï¿½s fees, court cost, and discretionary cost incurred by Pace National related thereto. Notwithstanding any other provision of these TOU, Pace National retains the right to seek the remedy of specific performance of any term contained in these TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these TOU, or any combination thereof.
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