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TERMS of USE

 

Use of this Website is subject to the following terms and conditions. Your use of the website constitutes acceptance of these terms and conditions.

Limitations of Liability

This site is designed to provide knowledge for informational purposes only. The information is taken from sources believed to be reliable, and the information is believed to be accurate at the time it is posted to the Website and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

There are certain links on this Website which will lead the User to other sites on the World Wide Web. These links are provided for convenience only, and a link to any other Website should not be taken to imply any endorsement of any other Website by MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees.

MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees are in no way responsible or liable for any damages whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity, of any kind whatsoever, howsoever caused, (including, but not limited to, breach of contract, loss of profit, business interruption, loss of business data or information, negligence or other tortious behavior, deletion, error, defect, omission, or destruction of the Content of the Website, unauthorized access to, or alteration of, the Content of this Website by third parties, or employees, or agents of MedTest Dx, transmission of material, or any other cause of action, regardless of whether it arises at law or in equity) arising out of the use or non-availability of this Website, or reliance on the Content contained herein, resulting from any decision taken on the basis of information provided through the Website, resulting from the Content of other websites to which any User links through this Website, or resulting from any such change, restriction, or termination of this Website or resulting from the incompatibility of any software downloaded, copied, or otherwise originating from this Website.

This limitation of liability shall apply even if MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees have been advised of the possibility of the damages referred in this notice.

This Website is provided “as is”. MedTest Dx, its subsidiaries, affiliates; contractors, agents and/or employees do not warrant that the use of this Website will be uninterrupted, error-free, stable or suitable for all Users. MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees make no warranties, either express or implied, about the Website, its availability, or its operation Without limiting the generality of the foregoing, this includes implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement. Any User who accesses this Website does so solely at his or her own risk.

The User agrees to indemnify, contribute to and hold harmless MedTest Dx, its subsidiaries, affiliates, contractors, agents, and/or employees, including those of MedTest Dx, against any liability, be it civil, criminal or quasi-criminal, resulting from any violation of any law by the User in their use of this Website. The User shall be responsible to the full extent of any liability, payment or other agreement made by MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees, in settlement and/or satisfaction of any claim or potential claim, whether such payment or agreement is made or concluded prior to or following the institution of formal proceedings against MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees.

 

Copyright and Trademarks

The Content of this Website is owned by MedTest Dx or is made available by permission of the owner and is protected by domestic and international copyright laws.

The use of this Website grants no interest, whether proprietary, license, or otherwise, in the intellectual property rights, or any other rights which may exist or are hereafter developed in respect of any portion of the Website or its Content.

Any computer software downloadable or otherwise available from this Website is licensed subject to the terms of the applicable license agreement. Although every effort has been made to ensure that any software that may be downloaded from this Website is compatible with as many types of computers as possible, Users should take care to back up all essential software before loading any software from this Website.

The User may freely download, copy, display, exhibit, share, or otherwise distribute the Content of this Website for non-commercial purposes only. However, on any such downloading, copying, display, exhibition, sharing or distribution, the User must explicitly acknowledge MedTest Dx as the provider of such Content. MedTest Dx reserves the right to require the User to delete, destroy or otherwise remove any content that is used in a manner that in MedTest Dx opinion is contrary or otherwise inappropriate, derogatory or offensive.

The User agrees that any person to whom the Content is provided directly or indirectly through the User, will be advised of the terms of this Agreement, and that each such person is bound by these terms.

The User may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the Content of this Website.

Third-party submissions

By posting via email or otherwise any Content, trade secrets, or know-how to this Website, including electronic mail, the User grants to MedTest Dx a perpetual, non-exclusive, irrevocable, worldwide, royalty-free right and license to use, download, upload, copy, exhibit, display, distribute, publish, post to any other public forum, perform, sell, alter, modify, change, sub-license, create derivative works from and otherwise treat as its own such Content, trade secrets or know-how in whatever manner MedTest Dx shall, in its sole discretion, deem appropriate without any form of recognition, credit, acknowledgement, reward or compensation whatsoever for the User’s contribution of such Content, trade secrets, or know-how to MedTest Dx. Furthermore, MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees will in no way be responsible or liable for damages, whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity of any kind whatsoever, howsoever caused, resulting from any alterations or additions to its goods, products, programs, promotions and/or services which may resemble any Content, trade secrets, or know-how posted to this Website, including electronic mail, by any User.

Furthermore, by posting any Content, trade secrets, or know-how to this Website, including electronic mail, the User represents and warrants that such Content, trade secrets, or know-how is his or her own work, is non-confidential, and its use by MedTest Dx in no way violates the intellectual property or other rights of any third parties. The duty to ensure non-infringement of the rights of any third parties rests solely with the User.

Some features on the Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify MedTest Dx immediately. MedTest Dx  may assume that any communications MedTest Dx receives under your password have been made by you unless MedTest Dx receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Beckman Coulter’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without MedTest Dx’s express written consent.

Indemnification

The User agrees to indemnify, contribute to, and hold harmless MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees against any liability, be it civil, criminal, or quasi-criminal, resulting from the use, transfer or sub-license by MedTest Dx of any Content, trade secrets or know-how provided to MedTest Dx by the User.

This indemnification shall extend and apply to any payment or other agreement made by MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees in settlement and/or satisfaction of any such claim or potential claim, whether such settlement and/or satisfaction is either full or partial, and whether the payment or other agreement is made or concluded either prior to or following the institution of proceedings against MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees. As part of this indemnification, the User agrees to co-operate with all reasonable requests made by MedTest Dx, its subsidiaries, affiliates, contractors, agents and/or employees.

Some features on the Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify MedTest Dx immediately. MedTest Dx  may assume that any communications MedTest Dx receives under your password have been made by you unless MedTest Dx receives notice otherwise.

Choice of law

Any dispute arising out of the use of this Website, the Content or availability thereof, the construction or interpretation of this Agreement, or anything related or similar thereto is governed by the laws of the state of Michigan, without any reference to conflicts of laws rules or principles.

Any dispute arising out of the use of this Website, the Content or availability thereof, the construction or interpretation of this Agreement, or anything related or similar thereto is only to be decided by a court of competent jurisdiction sitting within the legal boundaries of the state of Michigan.

Changes to These Terms of Use

MedTest Dx reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.