On this page you will find the terms of service for our products, our privacy policy, how to buy our products and general terms for the use of the GraphPad website.
For information about licenses governing your use of our Products, please see the GraphPad Prism Terms of Service (the "Terms of Service"). By accessing or using the Service, you agree to be subject to the terms and conditions of the Terms of Service.
For information about our data practices, please see our Privacy Policy. By accessing or using the Site, you (individually and on behalf of the organization or business entity whom you represent) agree that we can collect and use your information in accordance with the Privacy Policy. For clarity, the Privacy Policy also applies to your use of our products.
Prices for products and services are provided on application based on your requirements (number of products, number of seats, length of license etc.). If you wish to make a purchase please visit the How to Buy section of our website.
The following additional terms govern your use of the website. Please review them carefully.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or documents from the website, provided that:(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
WHILE WE ENDEAVOR TO ENSURE THAT THE INFORMATION ON THIS WEBSITE IS CORRECT, WE DO NOT WARRANT ITS COMPLETENESS OR ACCURACY; NOR DO WE NOT COMMIT TO ENSURING THAT THE WEBSITE REMAINS AVAILABLE OR THAT THE MATERIAL ON THIS WEBSITE IS KEPT UP-TO-DATE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL).OUR LIABILITY IS LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING UNDER THESE TERMS AND CONDITIONS OR IN CONNECTION WITH OUR WEBSITE, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE – INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT, CONTRACTS, BUSINESS, GOODWILL, DATA, INCOME, REVENUE OR ANTICIPATED SAVINGS.HOWEVER, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You must meet the following criteria to register for the Site:
Age: The Service is available only to, and may only be used by, users (including individuals who are 18 years of age and older, organization and business entities), and who can form legally binding contracts under applicable law. By registering with the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit (either on your own behalf or on behalf of the organization or business entity whom you represent) is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of GraphPad to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law and the right to access GraphPad is revoked in such jurisdictions.
Authority: If you are registering as a business entity, university, or organization, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify GraphPad of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than GraphPad without our express written permission.
Account Information: You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times. You may update your account information at https://www.graphpad.com/myaccount/
Compliance: You agree to abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by GraphPad, each of which is incorporated herein by reference and each of which may be updated by GraphPad from time to time without notice to you.
Refunds and cancellations are dealt with in the Product Terms of Service you have with us.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with GRAPHPAD or its Third Party Providers in connection with the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at graphpad.com/go/support can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a "Notice of Dispute" with any supporting documents or other information by U.S. Mail to:
GRAPHPAD SOFTWARE, LLC
Attention: Notice of Dispute
225 Franklin Street. Fl. 26
BOSTON, MA 02110
A "Notice of Dispute" is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term "Dispute" in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, the Terms of Use (or any breach thereof) - whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit https://www.adr.org/. The American Arbitration Association ("AAA") will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration proceeding with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys' fees and costs, subject to the arbitrator's determination and applicable law.
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.
We may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in GraphPad's account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.
Furthermore, we comply with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to the GraphPad designated agent via graphpad.com/go/support or via registered US mail sent return receipt to: DMCA Compliance Agent, GraphPad Software, LLC, 225 Franklin Street. Fl. 26 BOSTON, MA 02110, USA.
You may give notice to GRAPHPAD at any time by letter sent by registered mail with return receipt to: GraphPad Software, LLC, 225 Franklin Street. Fl. 26 BOSTON, MA 02110, USA.
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
