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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 Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date.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.
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.
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.
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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:
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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.
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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.
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.
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.
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.
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.