Terms of Use
Welcome to mySciGear! mySciGear.com (“Website”) is operated by Sigma-Aldrich, Inc. (“Company,” “we,” “us” or “our”). Through the Website, we offer apparel and other lifestyle products (“Products”) for purchase, including through subscription.
By using the Website, ordering Products, creating an account or Profile or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or purchase any Products or services.
Exclusion of Liability/Warranty
Any information provided by us, including on or through the Website, is made available solely for general information purposes and may no longer be up-to-date. Access to and use of the Website and of any associated sites or sites connected via links take place at your own risk. Your use of the Website is at your own risk.
We reserve the right to withdraw or amend the Website, including any Products or services we provide through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
We also reserve the right to limit quantities of the Products available for purchase and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all Products described on the Website will be available.
Consent and Registration
As a condition of your use of certain parts of the Website, including creating a Profile and/or purchasing Products or services, you will be asked to provide certain registration details or other information. All the information you provide must be accurate, current, and complete. You agree that all information you provide through this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You represent and warrant that you are of legal age to form a binding agreement with us and possess the legal right and authority to agree to these Terms of Use on your behalf.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our affiliates, licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our company names, logos and all related product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
User Submissions
The Website contains interactive features that allow users to post, submit or transmit content or materials (collectively, “User Submissions”) on or through the Website.
Any User Submissions you post to the site will be considered non-confidential. You grant to us and our affiliates, licensees and assigns, an irrevocable, perpetual, non-exclusive and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of your User Submissions and your name, image, and likeness or other information in any and all media, whether now known or hereinafter created, throughout the world and for any business purpose, and you waive, to the furthest extent possible, any moral rights with respect to any submitted material.
In addition to other things, the rights granted to us include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted User Submissions, including but not limited to creating derivative materials. You acknowledge and agree that we and/or our affiliates shall own any derivative materials created using your User Submissions and no rights thereon shall be retained by or granted to you. You also acknowledge and agree that we shall have no obligation to use, post, display or otherwise make publicly available any User Submissions submitted by you. You consent to allow us to display your User Submissions on any of our websites and/or social media pages for promotional marketing purposes. You consent to be contacted by us or one of its representatives for follow-up marketing activities related to this Website or our business.
We have the right to refuse to accept or use any User Submission for any or no reason in our sole discretion.
Purchase of Products and Subscriptions
If you wish to purchase any Product or service made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
You agree that by placing an order, you are entering into a binding contract with us and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
We offer subscription services for our Products. If you subscribe to one of our subscription services, you will receive a box of our Products pursuant to the schedule for the specified type of subscription service (i.e. monthly, bi-monthly). With respect to our subscription services subject to automatic renewal, you agree that we may submit periodic charges to your chosen payment method without further authorization from you until you terminate the subscription in accordance with the specified schedule.
Deliveries and Returns; Warranty
Deliveries of the Products shall be dispatched from our warehouse on the account and at the risk of the purchaser. We are free to choose the carrier and the means of transport. Risk and title are transferred upon dispatch of Products. Loss of or damage to the Products after dispatch does not discharge you from your obligation to make full payment of the purchase price. We may provide shipping or delivery dates as estimates and are such dates are non-binding.
Upon receiving your Products, you must immediately inspect the Products for any damages or discrepancies. If a Product is damaged or defective, you must contact our customer service department, no later than five (5) business days after receipt of Product, in order to receive authorization for a return or refund, at our option. If a return or a refund is authorized, we will provide a credit on your account for all monies paid for such applicable Product. Exchanges are only available when a wrong Product or size of a Product was delivered due to our error.
The Website and all content, Products, services and other information on or accessible from or through this Website are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, we do not warrant that: (1) the information on this Website is correct, accurate or reliable; (2) the functions contained on this Website will be uninterrupted or error-free; or (3) defects will be corrected, or that this Website or the server that make them available are free of viruses or other harmful components.
Purchasing and Redemption of Gift Cards
You may purchase gift cards from the Website. Cards can only be redeemed for Products or services available for purchase on the Website. You may purchase gift cards for variable amounts, as available. We may limit the monetary value assigned to any single gift card. The amount of the gift cards you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the gift card.
The only way to redeem the gift card is through the Website for Products and services available thereon. If an order exceeds the amount of the gift card, the balance must be paid with a payment method acceptable to us and available on the Website.
Personal information that you provide in connection with the purchase or redemption of gift cards will be governed by our Privacy Policy.
You can obtain your gift card balance by contacting our customer service at mySciGear_CustomerSupport@milliporesigma.com. The gift card balance relayed to you by a customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
Gift cards are not subject to any fees or expiration dates. Gift cards are not reloadable. Gift cards are not returnable or refundable for cash except as otherwise provided by law.
We have no liability to you for gift cards that are lost, destroyed, altered, or used without your permission. We may elect in limited circumstances at its own discretion to replace the remaining value of any lost, destroyed, or altered gift cards.
We reserve the right to void gift cards and bill alternative forms of payment if we suspect that a gift card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these terms.
Assumption/Limitation of Liability
You assume all risk and liability with respect to your use of the Website, the Products or any services provided by us. You agree to indemnify and hold Company, its affiliates, and their respective employees and representatives, harmless from and against all claims, damages, losses, costs and expenses (including attorney’s fees) arising from or in connection with your use of the Products, resulting from your breach of the provisions contained herein, and/or arising from your negligence, recklessness, misconduct or illegal activity.
To the fullest extent provided by law, in no event will Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, the Products or any services provided by us, including any direct, indirect, special, incidental, consequential, or punitive damages. The total liability of the Company and its affiliates hereunder shall not exceed the purchase price of the Products involved.
Miscellaneous
This agreement between you and Company is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction. Any legal suit, action or proceeding arising out of or related to this agreement, the Website, the Products or services provided by us shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in Boston, Massachusetts. You hereby waive any and all objections to the exercise of jurisdiction by such courts and to venue in such courts.
This agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Website, the Products and other subject matters addressed herein and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matters.
