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Terms & Conditions

Terms & Conditions

Terms & Conditions

Terms of Use

Welcome to the Applied Proteomics, Inc. (“API”) website and related interactive features, products, services, applications or downloads (collectively, the “Website”) that is owned by Applied Proteomics (“[API]”, “we” and “us”). BY USING OUR WEBSITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE OR ANY AFFILIATE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the order, collection, or processing of a test or specimen. By using this Website, you agree to such terms and conditions.

Acceptable Use

You agree not to reproduce, publish, or distribute data or content in connection with the Website that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.

You agree not to copy or distribute in any medium any part of the Website without our prior written authorization. You agree not to alter or modify, or attempt to alter or modify, any part of the Website, including any of our related technologies, or create derivative works or other products or services based upon the Website.

You agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. You agree not to: (i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website, or (iii) bypass, circumvent, disable or otherwise interfere any measures we may use to prevent or restrict access to the Website. Any unauthorized use of our computer systems is a violation of these Terms.

You acknowledge that your activities using the Website may be tracked and are subject to audit.

You agree not to use the Website in any way for unlawful purposes or that constitutes or encourages any unlawful activities or to take any action that would render the operation or use of the Website by API or any other user unlawful.

Accuracy of Information

We attempt to ensure that information on the Website is complete, accurate and current. We may make changes to information on the Website, including but not limited to the availability of any test, without notice. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website.

Not Medical Advice

INFORMATION PROVIDED ON THE WEBSITE ABOUT TESTS, CONDITIONS, DIAGNOSES, TREATMENTS, OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE. THE WEBSITE DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION. TEST RESULTS ARE NOT A DIAGNOSIS, TREATMENT, OR PROTOCOL FOR ANY DISEASE OR CONDITION.

Not a Substitute for Professional Judgment

USE OF THE WEBSITE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL. FOR HEALTH CARE PROFESSIONALS, YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELL-BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE WEBSITE SHALL NOT DIMINISH THAT RESPONSIBILITY. YOU ACKNOWLEDGE AND AGREE THAT LABORATORY TEST RESULTS MAY BE INACCURATE THOUGH NO FAULT OF API. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE.

Copyright, Trademark, Ownership

All of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by API, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, API’s trademarks, service marks, trade names (including API’s name, logos, the Website name, and the Website design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or API’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without API’s prior written consent. The use of API’s trademarks on any other Website is not allowed. API prohibits the use of API’s trademarks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance. The Website, its Content and all related rights shall remain the exclusive property of API or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Website;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Privacy & Security Officer
3545 John Hopkins Court
San Diego, CA 92121
or send an email to
PRIVACY@APPLIEDPROTEOMICS.COM.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying API and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with API’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Links

Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. From time to time, this Website may contain links to third-party websites that are not owned, operated or controlled by API. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other websites. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Disclaimers; Limitation on Liability

Your use of this WebSite is at your own risk. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS AND SERVICES LISTED OR DESCRIBED ON THE WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER API NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, INCLUDING TESTING AND TEST RESULT DEFECTS AND FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

THE INFORMATION PRESENTED ON THE WEBSITE DOES NOT GUARANTEE ANY INSURANCE, INCENTIVE, OR OTHER BENEFITS WILL BE PAID.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM API OR API’s WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

API does not assume any responsibility for and will not be liable, for any damage to or any virus that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of or accessing any materials from the Website. IN NO EVENT WILL API, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

Force Majeure

We are not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Indemnity

You agree to defend, indemnify and hold API , any parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney’s fees, litigation expenses and settlement amounts) arising from or related to (i) your use of, or inability to use, the Website or your placement or transmission of any message or information on the Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to API; or (vi) any negligence or willful misconduct by you.

Release

In the event that you have a dispute with another user or other party related to the Website, you release API (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Termination

We may suspend or terminate your use of this Website at any time, for any reason or for no reason, without notice. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

We reserve the right to change, suspend or discontinue any aspect of the Website or any services or products offered at any time, without notice and at our sole discretion. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, or any product or service, or any portion thereof.

Representations and Warranties

You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with API and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) if necessary you have obtained all authorizations and consents of each and every individual who is the subject matter of testing, drug monitoring or other services offered or whose name or likeness is used in the manner contemplated by the Website and these Terms; (iv) you have read, understood, agree with, and will abide by the terms and conditions of these Terms; (v) API’s or your use of any information you have submitted, or use of any test results or other information provided through API’s services or products will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity and will not constitute, in whole or in part, any other act or omission that could give rise to civil and/or criminal liability.

Ability to Accept Terms of Use

You represent and warrant that (a) you have full power and authority to enter into and perform these Terms; (b) the execution and delivery of these Terms has been duly authorized by you; and (c) these Terms are valid and binding obligations of you, enforceable against you in accordance with its terms.

Privacy

Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

General

Any claim arising out of or relating to the use of this Website and the materials contained herein is governed by the laws of the State of California, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in the State of California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to these Terms or the Website will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to these Terms or the Website must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.

We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Whenever used in these Terms, unless otherwise specified the terms “includes”, “including”, “e.g.”, “for example”, “such as”, “for instance” and other similar terms are deemed to include the term “without limitation” immediately thereafter. In resolving any dispute or construing any provision hereunder, there will be no presumptions made or inferences drawn because one of the parties (or its representatives) drafted these Terms and each party hereby waives application of, or any rights under, any law that would require the interpretation of any ambiguities in these Terms against the party that drafted it. 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. These Terms are the entire agreement between API and you with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

All rights not granted herein are expressly reserved to Applied Proteomics, Inc.