The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice

  • ANDalyze, Inc. TERMS & CONDITIONS 

     

    Effective Date: April 26th, 2010

     

    Welcome to www.ANDalyze.com (the “Website”). ANDalyze, Inc. (“We,” “us,” or “ANDalyze”) is pleased to serve you under these ANDalyze Terms and Conditions, as amended from time to time (“Terms”). Please read these Terms carefully. Your use of the Website, your purchases from us, or your provision of any personally identifying information constitutes your agreement to these Terms, including but not limited to, the ANDalyze Privacy Policy, which is incorporated herein. If you do not agree, do not use the Website or provide any Personally Identifying Information. “You” means an individual who is an ANDalyze customer or Website visitor. If you are an agent, you warrant that you are authorized to legally bind your principal to these Terms and also agree on your own behalf.

     

    YOUR JURISDICTION. If the laws of your country do not allow you to use this Website or to engage in transactions under the Terms, do not use this Website.

     

    Table of Contents

    Part 1 --- Terms Applicable to Everyone Who Uses the Website

     

    1.  Contacting Us & Our Address for Legal Notice; Notices to You

    2.  Privacy Policy

    3.  Sit Features, Functionality and Availability; Termination

    4.  Supplemental Terms

    5.  Your Conduct

    6.  No Commercial Use

    7.  Our Ownership of Content; Copyright© 2010 ANDalyze, Inc.; All Rights Reserved

    8.  Trademarks

    9.  Patents

    10.  Amendments

    11.  Our Accuracy Caution; Your Responsibility to Get the Information You Need

    12.  Your Accuracy

    13.  NO WARRANTIES

    14.  NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

    15.  LIMITATION OF LIABILITY AND EXCLUSIVE LIABILITY

    16.  Indemnification

    17.  Termination or Cancellation

    18.  Void Where Prohibited

    19.  Entire Agreement

    20.  Applicable Law and Exclusive Forum

    21.  Notice: No Harvesting or Dictionary Attacks Allowed

    22.  Notice: Availability of Filtering Software  

    Part 2 --- Terms for Users Making Purchases on the Website

     

    23.  Pricing and Availability

    24.  Out-of-Stock Items; Backorders

    25.  Agreement to Conduct Transactions Electronically; Copies

    26.  Shipping & Delivery

    27.  Risk of Loss

    28.  Shipping Locations

    29.  International Shipping Policies; Your Obligation to Comply with International Law and Regulations

    30.  Customs, Duties, and International Taxes

    31.  Limited Warranty for Fluorimeter Device

    32.  Returns, Replacements & Refund Policy 

     

    PART ONE – TERMS APPLICABLE TO EVERYONE WHO USES THE WEBSITE

     

    1.  Contacting Us & Our Address for Legal Notice; Notices to You.

    This Website is provided by ANDalyze, Inc., a corporation formed under the laws of Delaware. Our general email address (customer service) is sales@andalyze.com and telephone number is: +1 217 328 0045. We do not charge you for merely using our Website. If a particular activity carries a charge, it will be disclosed in connection with the activity.

     

    To send us a legal notice, mail it by certified mail (return receipt requested) to:

     

    Attn: ANDalyze, Inc.

    60 Hazelwood Drive

    Champaign, Illinois 61820 USA

     

    Delivery will be deemed to have been made by you to ANDalyze five (5) days after the date sent. Do not send us legal notice by another method because some of those methods will reach employees who are not trained to deal with legal notices. You may also contact us for more information about our services, if you have a complaint or if you want to receive the above information at your email by sending us an e-mail to the address we provide on the Website. If a law requires us to accept email notice notwithstanding the foregoing, call us at +1 217 328 0045 for our address established for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.

     

    When we need to contact you, including when we give legal notice, you agree that we may send it to a postal or email address that we have for you or that we may post notice on the Website. You agree to update your address information periodically. All notices from ANDalyze to you will be deemed delivered at the earlier of (i) five (5) days after the date sent if sent via email or postal mail or (ii) thirty (30) days after posting on the Website.

     

    2.  Privacy Policy.

    Our Privacy Policy (click to read it) is part of and incorporated into these Terms. It contains our practices regarding personally identifying information (“PII”) about you.

     

    3. Site Features, Functionality and Availability; Termination.

    You may use the Website when and as available. Although we generally intend the Website to be available 24/7, it will not always be available (e.g., during maintenance, changes, outages and for other reasons we determine). We reserve the right to change or eliminate, and restrict or block access to all or any part of the Website from time to time without notice.

     

    4.  Supplemental Terms.

    Supplemental terms may appear on the Website in connection with particular activities or transactions. These include but are not limited to additional payment processing terms provided at the point of purchase.

     

    5.  Your Conduct. 

    You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:

    (a) attempt to access any service or area of the Website that you are not authorized to access;

    (b) alter information on or obtained from the Website;

    (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or to extract data;

    (d) reverse engineer any aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);

    (e) send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact the Website or any recipient;

    (f) access or use the Website or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and the Terms;

    (g) take any action which might impose a significant burden (as determined by us) on Website infrastructure;

    (h) interfere with the ordinary operation or mission of the Website or services; and

    (i) “frame” our Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

     

    6.  No Commercial Use.

    You may use the Website solely for personal, lawful and non-commercial purposes in compliance with these Terms.

     

    7.  Our Ownership of Content; Copyright© 2010 ANDalyze; All Rights Reserved.

    All Content* on or relating to the Website is the property of ANDalyze or its affiliates, licensors or suppliers and is protected by U.S. and international copyright, patent, trademark, trade dress or other intellectual property or additional laws, by this contract or notices, and by robot exclusion headers and other technological measures. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms or with our prior consent in a non-electronic record; all rights not expressly granted to you are reserved. Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you – all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Website for the sole purpose of (i) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (ii) using this Website for information input or for ordering goods or services subject to these Terms.

     

    Nothing contained in the Entire Agreement shall be construed as conferring by implication, estoppel, or otherwise any license or right to any Content or under any patent, copyright, trademark, or other intellectual property right of ANDalyze or any third party, except as expressly granted in the Entire Agreement.

     

    * As used herein, “Content” means (without limitation) all information, data, text, design, graphics, pictures, images, sound files, animation, video, interfaces, icons, software code, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the Website. 



  • Copyright

  • All content appearing on this Web site is the property of:

    ANDalyze
    60 Hazelwood Drive
    Champaign, IL 61820 USA
    Copyright © 2010-2012 ANDalyze. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2010-2012 ANDalyze. All rights reserved.



  • Trademarks

  • 8.  Trademarks.

    All brand, product, service, and process names, logos and slogans appearing on this Website trademarks or registered trademarks of their respective holders in the United States and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of ANDalyze or the applicable trademark holder. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by ANDalyze. 

    9.  Patents.

    One or more patents apply to the Website and to the features, products, and services accessible via the Website, including, without limitation, the following: U.S. Patent Nos. 7192708, 6706474, 7332283 and 6890719 and all corresponding foreign counterparts. 



  • Use Of Site

  • 10.  Amendments.

    This Website is like a store: every time you enter a store you are subject to the conditions in effect on that day (e.g., rules posted on the doors or at checkout, etc.). Similarly, at this Website, you are bound by the posted Terms. We reserve the right to amend Terms from time to time, including, but not limited to, incorporated items such as the Privacy Policy, etc. The effective date of each version (“Effective Date”) will be shown in the “footer” link to the Terms: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted. Until the next version, all amended versions will apply to all then or thereafter existing information (including PII) in our control or possession, except that if we have already accepted your order then we will fill it at the price in effect on your order date if we have the item in stock. No amendments will be effective unless we post them on our Website. You agree that using the Website, providing PII, or making a purchase after the effective date, will constitute your agreement to the amended version.

     

    11.  Our Accuracy Caution; Your Responsibility To Get The Information You Need.

    From time to time there might be information on the Website that is outdated or contains typographical errors, inaccuracies, or omissions (collectively, “Inaccuracy”), including but not limited to descriptions of events, locations, products and services, pricing, product availability and tracking or other information. We reserve the right to correct any Inaccuracy even if you have placed an order. We apologize for any inconvenience this may cause you.

     

    Even if there is no Inaccuracy, the product descriptions and all other information are intended only to be indicative, including (without limitation) shipping time lines and other information. No information on the Website, in any product specifications or any marketing materials related to the products, including (but not limited to) about what is right for you, and you agree not to rely on any information and to do your own research and analysis as well. No information provided on the Website is a substitute for qualified instruction or personal experience. ANDalyze assumes no liability for the use of or reliance on information -- it is your responsibility to have the proper knowledge and experience to utilize the products effectively.

     

    12.  Your Accuracy.

    You agree to supply only accurate, current and complete (collectively “Accurate”) information when making a purchase or otherwise using the Website. You also agree to review and correct all information that is supplied about you (such as when our system or your system “pre-populates” information you would otherwise have to enter) or that the Website draws from  to ensure that it is always Accurate.

     

    13.  No Warranties.

    YOU AGREE THAT THE WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS AVAILABLE VIA THE WEBSITE AND EVERY OTHER ASPECT OF THE WEBSITE (COLLECTIVELY, THE “COMPLETE WEBSITE”) IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS IS WITH YOU. We do not make any representations or express warranties except for the warranty in Section 30, below, that pertains solely to the Fluorimeter Device. EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 30, BELOW, AND THE EXPRESS WARRANTIES (IF ANY) PROVIDED IN THE PACKAGING WITH ANY PRODUCTS PURCHASED FROM THE WEBSITE (EXCLDUING SPECIFICATIONS, INSTRUCTIONS OR MARKETING COMMUNICATIONS INCLUDED WITHIN THE PACKAGING), we disclaim all warranties, conditions and duties, express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions: (i) of merchantability, of fitness for a particular purpose or use, of results, and of accuracy, completeness, privacy or security; and (ii) created by trade usage, course of dealing or course of performance. we further disclaim all duties to you, if any such duties exist, including, but not limited to, reasonable care, workmanlike effort, and lack of negligence. if a duty cannot be disclaimed, you agree that the duty will be measured by intentional misconduct. Also, there is no warranty of title or against interference with your enjoyment of any aspect of the complete Website, or against infringement. You expressly waive all duties, conditions and all warranties that might exist but for this paragraph.

     

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

     

    14.  No Incidental, Consequential or Certain Other Damages.

    To the full extent allowed by law, you agree that neither we nor any of our existing or future affiliates, suppliers or agents will be liable to you or any other person for any special, incidental, punitive, consequential or general damages that are similar to those, or for damages for: lost profits, for loss or impairment of privacy, security or data, for failure to meet any duty (including, but not limited to, any duty of good faith, workmanlike effort or of lack of negligence), or for any other similar damages whatsoever that arise out of or are related to any breach or other aspect of the Entire Agreement (as defined below) or Complete Website, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation.

     

    15.  Limitation of Liability and Exclusive Liability.

    You agree that your sole, aggregate remedy for any breach of these terms (including the Privacy Policy and other incorporated terms) and for any cause of action of any nature (including tort) relating to any part or aspect of the Complete Website shall be, at ANDalyze’s option: (1) substitution, replacement or correction of all or part of the information, PRODUCT or act giving rise to direct damages; or (2) the amount of damages not excluded above that you actually incur in reasonable reliance, which amount shall not exceed the amount (if any) you actually pay for the item causing said damages. The damage exclusions and limitation of liability in these terms WILL apply even if any remedy fails of its essential purpose.

     

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE SECTIONS 14 and 15 MAY NOT APPLY TO YOU.

     

    16.  Indemnification.

    You agree to defend, indemnify and hold harmless ANDalyze, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (i) your use of the Fluorimeter Device and any other products or services available on the Website; (ii) your violation of or failure to comply with any of these Terms; (iii) violation of any applicable law or regulation, including the laws and regulations of the jurisdiction in which you reside; (iv) the import or export of any product purchased via the Website; and (v) your conduct in connection with the Website. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

     

    17.  Termination or Cancellation.

    Either we or you may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Website after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights under Sections 1, 4, 7, 8, 9, 10, 13, 14, 15, 16, 18, 19, 20, 29 and 30 will survive termination. Without canceling the agreement, we may suspend or block your access to the Website whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.

     

    18.  Void Where Prohibited.

    Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. ANDalyze and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Website is void where prohibited.

     

    19.  Entire Agreement.

    These Terms, including items incorporated into them (e.g., the Privacy Policy) and any (a) additional terms on the Website or otherwise provided by us for particular activities, (b) any additional terms included within the packaging of products purchased on the Website and delivered to you (including without limitation, end user software licenses or other product-specific contract terms)and (b) disclosures provided by us and consents provided by you on the Website (collectively, “Entire Agreement”) constitute the entire agreement between you and ANDalyze with respect to this Website and the products and services available on the Website. Neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. The Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and ANDalyze with respect to this Website and the products and services available on the Website. No modification of the Terms will be effective unless it is authorized by ANDalyze. If any provision of these Terms is found to be contrary to law, then such provision(s) will be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

     

    20.  Applicable Law and Exclusive Forum.

    This Website is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Website from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of U.S. export laws and regulations or the Entire Agreement.

     

    You agree that the Entire Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Website or any product or service obtained in any connection with it, shall be governed by the laws of the State of Illinois, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made. You agree that any disputes will be heard exclusively in the appropriate forum in Illinois. You also consent to jurisdiction in a state or federal court sitting in County of Cook in the State of Illinois, U.S.A. and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Illinois or federal law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

     

    21.  Notice: No Harvesting or Dictionary Attacks Allowed.

    We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by appropriate personnel or policies. Except for parties authorized to have addresses maintained by us, persons may violate federal law if they: (i) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “Can-Spam Act of 2003”) that does not meet the message transmission requirements of that act; or (ii) assist in the origination of such messages through the provision of selection of addresses to which the messages will be transmitted.

     

    22. Notice: Availability of Filtering Software.

    We do not believe that the Website contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).



  • Privacy Policy

  •  

    ANDalyze, Inc.

     

    Privacy Policy

     

    Effective Date: April 26th, 2010

     

    Welcome. This ANDalyze, Inc. Privacy Policy (“Privacy Policy”) is designed to help you understand generally what personally identifying information (“PII” or “information”) ANDalyze collects at www.ANDalyze.com (the “Website”) and how we use PII. We also collect PII in other ways (e.g., via telephone and email orders).

     

    “You” means an individual who is an ANDalyze customer or a Website visitor who is not subject to a different policy or contract with us (e.g., employees of ANDalyze or service providers are not covered by this Privacy Policy). We are pleased to serve you under this Policy. Your use of our site or your provision to us of any PII constitutes your agreement to this policy, so please do not use the site or provide information if you do not agree.

     

    1.             How does this Policy relate to my use of the Website?

    This Policy is part of and incorporated into the ANDalyze Terms & Conditions (“Terms”), the contract between you and us governing this Website. Accordingly, provisions of those terms govern this Policy, so if you have not read the Terms read them now.

     

    2.             Information We Collect that You Do Not Affirmatively Provide.

     

    Non-Personal Information: The Website automatically collects certain non-personal information regarding Website users, such as the date and time they access the Website, the Internet address of the website from which they linked directly to the Website, the browser they are using, and the Website pages read and the content accessed or downloaded. This non-personal information is used for system administration purposes and to improve the Website. Non-personal information may be disclosed to other persons and permanently archived for future use. If non-personal information is combined with personal information, then the non-personal information will be treated as personal information.

     

    Cookies: Our Website contains cookies or other tracking mechanisms (cookies are a small file that our Website transfers to your computer for storage in order to allow our server to “remember” specific information). Our cookies collect at least the following: your domain name and host for Internet access; the Internet address of the site from which you came; the date and time of your access; and your computer’s IP address and information about its operating system, browser and host. Our cookies also help us to combat fraud or misuse and to remember things like: (1) the profile facts you tell us about yourself, (2) the items you've placed in your shopping basket, and (4) the pages you visit as you shop.

     

    Cookies enhance the convenience and use of the Website. For example, the information provided through cookies may be used to recognize you as a previous user of the Website (so you do not have to enter your personal information every time), offer personalized information for your use, and otherwise facilitate your experience using the Website. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Website.

     

    Advertisement Cookies: Advertisements may be displayed on the Website and may contain cookies or other technologies. Third party advertising companies may provide those advertisements and ANDalyze has no control over, and no responsibility or liability for, the cookies or other technologies used in the advertisements or for the use and disclosure of information collected through advertisement cookies or other technologies.  

     

    3.             Personal Information.

    The portions of the Website accessible to the general public will not expressly ask for information that personally identifies you or that allows the Website to contact you.

     

    If you subscriber to any postal or email newsletter on the Website, you will be asked to provide some PII, includig without limitation your E-mail address and/or postal address and your full name. If you attempt to purchase any products or services on the Website, you will be required to submit certain PII to ANDalyze in order to complete your purchase. The following information is requested and/or collected when you make a purchase on the Website:

     

    Contact Information

    * Your full name

    * Shipping address

    * Billing address

    * E-mail address

    * Work and Home address (including state, city, ZIP code and country)

    * Telephone (Work)

    * Your facsimile number

    Financial Information

    *Credit Card Number for purchase payment (if paid by credit card)

    Work Information

    *Your title

    * Denotes Required Information

     

    The ANDalyze Website is not designed to attract children under 13 years old, and Members are required to be 18 years of age or older. Accordingly, ANDalyze will not knowingly collect or maintain information at the ANDalyze Website from children.

     

    4.             Accuracy of Personal Information.

    We do not maintain all PII in a form that can be accessed or updated directly or indirectly, so we will determine what may be accessed and how; we may also keep a record of changes (including deletions) and disclose them for any lawful purpose. We keep PII for as long as we think retention is necessary or advisable and we reserve the right to retain it to the full extent not prohibited by law (e.g., for the length of a warranty and statutes of limitations). We may discard information in our discretion, so you must retain your own records. Often it is not feasible or advisable actually to discard PII (such as commingled PII), so we reserve the right to retain it but treat it as inactive or discarded.

     

    You may make a request for us to update PII (that is eligible for updating) by contacting us at webmaster@curascope.com. We will make a good faith effort to process valid changes, but we do not promise to do so within a particular time frame. We will send you a confirmation e-mail once a change is effected, if any.

     

    5.             Protection of Personal Information.

    We will work to protect the security of PII collected on the Website from unauthorized access, use, or disclosure. Because any PII you submit to us is purely voluntary and should not be of a sensitive nature, we employ our standard security measures, which includes SSL (Secure Socket Layer) Technology (but we do not use any other special encryption methods at this time).

     

    Neither passwords nor security systems are foolproof or necessarily work as intended, including encryption, and people can commit intentional crimes, make mistakes or fail to follow policies. We believe that we take commercially reasonable measures to prevent misuse of PII. However, even with reasonable precautions or encryption, security breaches and mistakes can and do happen and we do not guarantee the security of PII or other information. If applicable law imposes any non-disclaimable duty on us about security, you agree that the standard used to measure our compliance with that duty will be intentional misconduct.

     

    You need to help create security. You can take action to help protect your personal information: Among other things, you should (1) protect any passwords and computer from unauthorized access (e.g., don’t give your password to anyone who might pass it on or who you don’t want to access or alter your information, and fully sign-off from shared computers when you’re done); (2) neither include confidential or sensitive information in e-mails to us nor respond to e-mails asking for such information. You agree promptly to notify us via e-mail at marketing@andalyze.com if the password for your membership on the Website is lost, stolen or used without permission.

     

    Identity Theft: If you or any other person believes they are a victim of identity theft entitled by law to request information from us, write us at Our Address for Legal Notices (available in the Terms) and we will explain what additional information must be provided to us. After we have received that information, we will supply (without charge) the information legally required to be disclosed that we then have, subject to applicable law and reserving all of our rights and defenses.

     

    6.             Use of PII & Opt-Out Policy.

    We use your PII to operate the Website, facilitate purchase transactions for products and services and to contact you with promotional or marketing materials.

     

    We use certain third party vendors (e.g., data storage and processing facilities) to assist us in providing our products and services. We may transfer your personally identifiable information to such vendors who have entered into contract with us that protects the confidentiality of your information and permits the vendor to use it only as reasonably necessary to fulfill its contract with us. In addition, we may disclosure your personally identifiable information as we believe is reasonably necessary to comply with law, regulation or other governmental authority or to prevent harm to yourself or others. Finally, we may disclose your personally identifiable information upon transfer or sale to another entity of all or substantially all of our stock or assets in our line of business to which this Privacy Policy relates or upon any other corporate reorganization.

     

    We use your Internet Protocol (IP) address to analyze trends, track a user’s movement through the Website, help diagnose problems with Our server, and to administer the Website. IP addresses are not linked to PII.

     

    We use "cookies" to save your Web Website Unique ID so you have the option of choosing not to have to re-enter it each time you visit the Website. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a Web server in the domain that issued the cookie to you.

     

    The Website contains links to other sites operated by third parties not under our control and some third party sites may link to the Website. We provide links as a convenience to you but do not endorse the linked sites or anything on them. If you deal with a linked site, your transaction is not with Curascope and PII you provide to the linked site will be subject to the linked site’s privacy policy (if any), so review it before providing PII.

     

    Opt-Out Policy. Members may opt-out of receiving future physical or electronic mailings, surveys or other information that is not directly related to the operation of the Website (such as legal notices) by contacting us using any of the following methods:

     

    Email: marketing@andalyze.com

     

    Mail to the following postal address:

    Attn: Marketing

    ANDalyze, Inc.

    60 Hazelwood Drive

    Champaign, Illinois 61820 USA

     

    7.             Disclosure of Personal Information.

    We may store and disclose PII as allowed or required by applicable law, including, but not limited to, making disclosures that are necessary or advisable to: (a) conform to legal or regulatory requirements or comply with legal process; and (b) protect the rights, safety or property of us, the Website, or others (including, but not limited to, other providers, suppliers and vendors), or the users of the Website or the public.

     

    8.             Freedom to Act.

    In addition to the above, we may exercise all rights allowed by applicable law.

     

    9.             Consent to Electronic Notice If There is a Security Breach.

    If we, an affiliate, or one of our service providers is required to disclose or provide notice of unauthorized access or other invasions of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our Website or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others using your account or membership and agree to pass the notice on to them.

     

    10.          Changes to this Policy.

    We will be changing what we do and how and why we Disclose data periodically – this Privacy Policy describes what we currently envision, but that will change as we change. You agree that we may further amend all or part of this Privacy Policy from time to time in our discretion. When we do, we will revise the "Effective Date" at the top of this Privacy Policy. For material changes to this Privacy Policy, we will notify you either by placing a notice on the Website or by sending you a notification. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect PII we collect. Your continued use of the Website constitutes your consent to this Privacy Policy and any updates to it.

     

    11.          Children.

    The Website is not designed to attract children under 13 years old, and any users making purchases are required to be 18 years of age or older. Do not provide us any PII unless you are at least 18 years of age and caution your children not to provide any. If a child under 18 has provided PII, a parent or guardian may so inform us by writing us at Our Address for Legal Notices and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Privacy Policy. For more information about children’s privacy on the Internet, you may wish to visit http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html to learn about some commercially available Internet protection measures.

     

    12.          Information About Enforcement of Our Privacy Policy.

    This Privacy Policy is part of our Terms of Use. If there is an inconsistency between the Terms of Use and this Privacy Policy, the latest version of this Privacy Policy will control. As a contract, we and you are bound by this Privacy Policy. If you think we are in default, you may contact us by sending an e-mail to Our Address For Legal Notices. There are no third party beneficiaries of this Privacy Policy.

     

    13.          Our Address for Legal Notices; Contacting Us and You.

    To send us a legal notice, mail it by certified mail (return receipt requested) to:

     

    Attn: ANDalyze Inc.

    60 Hazelwood Drive

    Champaign, Illinois 61820 USA.

     

    Delivery will be deemed to have been made by you to ANDalyze five (5) days after the date sent. Do not send us legal notice by another method because some of those methods will reach employees who are not trained to deal with legal notices.

     

    When we need to contact you, including when we give legal notice, you agree that we may send it to a postal or email address that we have for you or that we may post notice on the Website. You agree to update your address information periodically. All notices from ANDalyze to you will be deemed delivered at the earlier of (i) five (5) days after the date sent if sent via email or postal mail or (ii) thirty (30) days after posting on the Website.

     

    14.          Further information.

    You may also contact us for more information about this Policy and our products and services, if you have a complaint or if you want to receive the above information at your email by sending us an e-mail to the address we provide on the Website. If a law requires us to accept email notice notwithstanding the foregoing, call us at +1 217 328 0045 for our address established for receipt of such notices.



  • Consumer Agreement

  • 23.  Pricing and Availability.

    All prices are shown in U.S. dollars and are valid and effective only for purchases made on the date the prices are posted. Taxes and shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

     

    24.  Out-of-Stock Items; Backorders.

    If an item on the Website is unavailable or out of stock when you place an order, we will notify you. You will be able to proceed with the checkout procedure and the item will be sent to you once it becomes available. However, please note that some items may be backordered or unavailable even if the Website indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card for items until we ship them. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.

     

    25.  Agreement to Conduct Transactions Electronically; Copies.

    You agree that all of your transactions with or through the Website may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into a different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees. You agree to print or make an electronic a copy of the Terms and any other contract or disclosure that we are required to provide to you; you may also make copies of your consents and what you submit through the Website.



  • Shipping & Delivery

  • 26.  Shipping & Delivery: 

    All purchases require 6 - 8 weeks for delivery

    For orders with a U.S.A. billing and shipping destination, ANDalyze shipping service will select the method of shipment appropriate to the merchandise ordered. FOB shipping point is Champaign, Illinois, U.S.A. or Westford, Massachusetts, U.S.A. ANDalyze reserves the right to approve carriers, modes of transportation and routing of products. Delivery is complete when ANDalyze places the shipment with the first carrier. Shipments in transit are the responsibility of the buyer. Should your purchase not reach its U.S.A. destination, call +1 217 328 0045 for assistance in tracking your shipment. If freight appears to be damaged upon receipt, do not accept it from the carrier. If acceptance has been completed and hidden damage is discovered, contact the carrier for assistance in filing a claim.

     

    27.  Risk of Loss.

    All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

     

    28.  Shipping Locations.

    At this time, ANDalyze ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, ANDalyze ships merchandise to many but not all international locations. If your order is placed through this Website and the address is accepted then we will ship the order. For those international locations for which we do not accept Website orders, please see our list of international distribution partners at www.andalyze.com or call +1 217 328 0045 or contact us at sales@andalyze.com.



  • International

  • 29.  International Shipping Policies; Your Obligation to Comply with International Laws and Regulations.

    All purchases require 6 - 8 weeks for delivery

    Laws vary widely from country to country. It is your responsibility to comply with the laws in your country. This means you are solely responsible to investigate and assure that a product purchased on the Website can be lawfully imported and used in your destination country. ANDalyze assumes no liability for and hereby disclaims all liability for your and the Product’s compliance with the laws of international locations. For products shipped internationally, please note that local ANDalyze service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate).

     

    30.  Customs, Duties, and International Taxes.

    When ordering from ANDalyze the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. You are responsible for all of these duties and fees, which may be levied once a shipment reaches your country. You are solely and exclusively responsible to for all such additional charges for customs clearance; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. 



  • Sales Tax

  • ANDalyze charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.



  • Warranties

  • 31.  Limited Warranty for Fluorimeter Device.

    The Website and any products or services you purchase on the Website are all subject to the warranty disclaimer in Section 13 of these Terms. However, ANDalyze does provide the following limited warranty for the ANDaalyze AND1000 Fluorimeter device (the “Fluorimeter Device”). ANDalyze warrants that the Fluorimeter Device (including the software used on the Fluorimeter Device), when used in accordance with the user documentation, will operate in all material respects in conformity with the specifications stated in the user documentation for a period of ninety (90) days from the date of your receipt (the “Warranty Period”). If it does not, your sole remedy and ANDalyze’s total liability for such material nonconformity in the Fluorimeter Device will be, at ANDalyze’s option and discretion, to repair or replace the Fluorimeter Device at ANDalyze’s expense or to refund the purchase price (but not any taxes, export or shipping fees) and subject to the limitations in The foregoing remedy is subject to the Limitation of Liability in Section 15 of these terms. To qualify, you must notify ANDalyze during the Warranty Period of any problems that you experience with the Fluorimeter Device. ANDalyze will have no liability for any nonconformity of which you fail to notify ANDalyze prior to the expiration of the Warranty Period. This warranty does not apply to (i) Fluorimeter Device which has been used in a manner other than as authorized under these Terms and the documentation provided with the Fluorimeter Device (including the product brochure and fluorimeter specifications); (ii) any software on the Fluorimeter Device that has been modified by you or any party other than ANDalyze or which has been improperly installed to the extent such modification or improper installation caused the breach of warranty; (iii) failures caused by accident, neglect, failure to maintain a suitable operating environment, tampering, or any other event other than ordinary use. 



  • Return Policy

  • 32.  Returns, Replacements & Refund Policy.

    You may return damaged or defective merchandise within 15 days of the original purchase date for a full refund minus shipping charges. We will also be glad to exchange the damaged merchandise for anything on our site of equal or lesser value. We will only issue a refund to the credit card used at the time of checkout. To initiate a refund or exchange please email or call us at sales@andalyze.com or by telephone at +1 217 328 0045. If you return a product to us from outside the U.S.A. you will be the exporter from the destination country. 



  • Store Hours

  • Customer service is available as defined on the Contact Us page of this Web site.



  • Miscellaneous

  • LIMITATION OF LIABILITY. IN NO EVENT SHALL ANDALYZE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ANDALYZE PRODUCT AND SOFTWARE OPERATING SYSTEM IS DESIGNED AS AN AID TO THE PURCHASER/LICENSEE AND ITS EMPLOYEES AND AGENTS IN MAKING DETERMINATIONS REGARDING TARGET CONTAMINANTS IN DRINKING WATER. THE VALIDITY OF THOSE DETERMINATIONS ARE THE SOLE RESPONSIBILITY OF THE PURCHASER/LISCENSEE AND IN NO EVENT SHALL ANDALYZE BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY ERRORS, DAMAGES, LOSSES, INACCURACIES OR OMISSIONS ARISING FROM SUCH DETERMINATIONS. VOID WHERE PROHIBITED:
    Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. ANDalyze and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

    GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of ANDalyze shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

    MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and ANDalyze with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and ANDalyze with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by ANDalyze. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.