TERMS AND CONDITIONS OF USE
Welcome to www.mbiodx.com. MBio Diagnostics, Inc. makes this Website available to You subject to the following Terms and Conditions of Use. These Terms and Conditions of Use govern Your access to and use of the Website, so please read them carefully. These Terms and Conditions of Use apply to all visitors, users and others who access the Website or any mobile version thereof. Please read these Terms and Conditions of Use carefully as they represent a legally binding contract between You and MBio Diagnostics, Inc. By accessing or using the Website, You indicate that You have read, understand and agree that You are bound by these Terms.
1. Definitions. The following terms have the following meaning in these Terms and Conditions of Use.
(a) “We”, “Us”, “Our”, or “MBio” mean MBio Diagnostics, Inc. and its affiliates;
(b) “Website” means this web site, namely, www.mbiodx.com, and any other related web sites We may have or establish;
(c) “You” or “Your” means any visitor to this Website, including any entity You may represent and any entity purchasing products or services, or using this Website;
(d) “Terms” means these Terms and Conditions of Use;
(e) “Content” or “Contents” means all text, graphics, videos, sounds, music, trade dress, trademarks, text, works of authorship, products, services, newsletters, articles, papers, features, functions, the selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on this Website.
2. Changes to Terms. We reserve the right to update or modify these Terms at any time, without prior notice to You. Your use of the Website following such modification or update constitutes Your acceptance to be bound by these Terms as changed or modified. You agree that We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website or any services provided by this Website. Please read through and review these Terms each time you access the Website. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE THIS WEBSITE.
3. Website Provided As Is. The Website and all Content on this Website are provided to You and all other users on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any of Your data, communications, or personalized settings. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of any advertisements or other information. In addition, You must provide and are responsible for all equipment necessary to access this Website. You expressly agree that your use of this Website is at your sole risk.
4. Eligibility. Creation of an account, access or use of this Website is void where prohibited by applicable law. The Website is not intended for children under the age of 13 years of age without parental consent and supervision. By accessing or using the Website, or contacting Us, You represent that You are at least 13 years of age or that You have obtained parental consent.
6. License. Subject to Your compliance with all of the Terms, including, without limitation, refraining from the Prohibited Actions stated below, We grant You a personal, non-transferable, non-exclusive, terminable-at-will, license to use this Website and to download any materials available for downloading at this Website, solely for personal purposes.
7. No Advice. The information available on the Website, including, without limitation all newsletters, papers, articles, product descriptions, and information regarding technology applications, is intended to be a general information resource regarding the matters covered, and is not tailored to Your specific circumstance. You should not construe this as medical, scientific, insurance, or other professional advice. You should consult with an MBio representative concerning your particular factual situation for advice concerning a specific diagnostic or technological device or other matters before making any decision or taking any other action that might affect Your personal health or the medical diagnosis of You or any other person.
8. Prohibited Actions. You may not do any of the following on, through, or in any way in connection with this Website:
(a) Upload, post, transmit or submit any information or material that: (i) contains software viruses, code or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) is defamatory, libelous, obscene, indecent, abusive, threatening to others, hateful, racially or ethnically objectionable or constitutes stalking; (iii) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party; (iv) violates any state, federal, or international law;
(b) Harm minors in any way;
(c) Interfere with or disrupt this Website or the services provided by this Website;
(d) Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
(e) Violate or infringe any of Our trademarks, copyright, patent, or other proprietary or intellectual property rights;
(f) Violate or breach any provision of the Terms or engage in prohibited actions, as described in this subsection;
(g) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or software used in connection with this Website or obtain unauthorized access to this Website;
(h) Use any Content or other information to, in whole or in part, create a likelihood of confusion, to misrepresent any fact, or to deceive others in any form or by any means;
(i) Copy, modify, reuse, rent, lease, distribute, republish, retransmit, sell, lend, assign or transfer any Content of this Website;
(j) Access the Website by any means other than through the interface provided by Us; or
(k) Remove any copyright notice, trademark notice, patent notice, or other proprietary notice from any Content you download or otherwise receive from of through the Website.
9. Intellectual Property. All Content on this Website is owned or licensed by Us and is subject to copyright, trademark, patent and other federal and state laws relating to intellectual property. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold without Our prior written consent or the consent of Our licensors and licensees. Any unauthorized use of Content or violation of this provision is a material breach of these Terms and may be a violation of applicable law. Nothing in these Terms constitutes or may be construed as transferring or licensing any intellectual property rights to You, whether by estoppel, implication or otherwise. We will aggressively enforce Our intellectual property rights to the fullest extent of the law.
10. Electronic Communications. When you visit this Website, send e-mail to Us, or electronically submit a request for information on products or services provided by MBio, You are communicating with Us electronically. Your visit to this Website or communication with Us through functionality available at this Website or via e-mail will be deemed to be Your consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on this WebsSite. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
11. User Provided Content and License to Us. You are solely responsible for all content or materials that You post, submit to, or transmit through the Website. When You submit materials or content to Us, You grant Us a perpetual, irrevocable, and fully sublicensable license to copy, use, display, distribute, sell, license, sublicense, reproduce, modify, adapt, publicly perform, publicly display such materials and content and to incorporate such materials and content into other works in any format or medium known or latter developed, including, without limitation, the promotion and marketing of goods and services sold or provided by MBio, the operation of Our Website, or the promotion, sale, or use of any of Our products or services. When You submit materials or content, You also automatically agree (or, to the extent You do not own all rights to such materials or content, You represent and warrant that the owner of the content or materials has expressly agreed) that, without any particular time limit and without the payment of any fees, We and anyone We permit may reproduce, display, distribute, and create new or derivative works of authorship based on and including the content or materials. You may not submit content or materials that are protected by or subject to the patents, trademarks, copyrights, trade secrets, trade dress, or other proprietary rights of anyone other than yourself.
12. Monitoring of Website. We do not warrant that this Website or any user generated content will be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. No statements made in any communities or forum discussions, if such become part of the Website, will be authenticated or endorsed by Us. However, We may, in our sole discretion, but without obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise when We deem appropriate. We reserve the right to block transmission of, and/or remove any comments or information that You submit, at any time, for any reason, and without prior notice to you.
13. Linking / Third Party Links on Our Site. The following terms apply to linking:
(b) You may not link to Our Website without Our express written consent, which is subject to such terms and conditions as We may establish. You may not, without Our written permission, (i) incorporate any content from Our Website into Your web site (e.g., by in-lining or framing); or (ii) use any of Our trademarks, works of authorship, copyrighted materials; or (iii) use any words or codes identifying Our Website in any “metatag”, any information used by search engines, or information used by location tools to identify and select web sites.
14. DISCLAIMER OF WARRANTIES. You expressly understand and agree as follows:
(a) Your use of this Website is at Your sole risk. This Website is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) We make no warranty that: (i) this Website will meet Your expectations or requirements; (ii) this Website will be uninterrupted, timely, secure, or error-free; (iii) the information obtained from this Website or the use of this Website will be accurate or reliable; or (iv) the quality of any products, services, information, or other material purchased or obtained by You through this Website will meet your expectations or requirements.
(c) Any material downloaded or otherwise obtained through the use of this Website is done at Your own discretion and risk, and You will be solely responsible for any damage to Your business or computer system or any loss of data that results from obtaining or downloading any such material.
(d) No advice or information, whether oral or written, obtained by You from Us or through or from this Website shall create any warranty not expressly stated in these Terms.
15. LIMITATION OF LIABILITY. You expressly understand and agree that We shall not be liable to You for any damage to Your business, personal injury or illness, or any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this Website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained from or through this Website; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on this Website; (v) any other matter relating to this Website or any products, services, or information provided on this Website; or (vi) any goods, materials, services, or information purchased or acquired at or through this Website.
16. Indemnity for Breach/Causation of Claims. You agree to indemnify, defend and hold Us (as well as Our officers, directors, agents and employees) harmless from and against all claims, demands, causes of action, liabilities, judgments, damages, and costs (including attorney’s fees) that arise out of or are related to (a) the content or materials that You post, submit, transmit, or make available through the Website, (b) Your use of the Website, products, services, or information provided by MBio, (c) Your connection to the Website, (d) Your breach or violation of the Terms, (e) Your acts or omissions, or (f) Your violation of any rights of another.
17. International Notice. We are based in Boulder, Colorado, U.S.A. We makes no claims that this Website or any of its Content is appropriate for, or may be transmitted, used or installed outside of the United States. Access by certain persons or in certain countries may not be legal. If You access the Website from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction, including but not limited to, export and import regulations.
18. Representations and Warranties. You represent and warrant to Us that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms; (ii) Your assent to and performance of Your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) these Terms constitutes legal, valid and binding obligations on You, enforceable in accordance with its terms and conditions; (iv) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Website; and (v) You will comply with all applicable laws, rules and regulations in Your use of the Website, including these Terms.
19. General Terms. The following additional terms apply to these Terms:
(b) Choice of Law and Forum. The Terms and the relationship between You and Us shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and We agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Denver, Colorado. You hereby irrevocably waive Your right to a jury trial or to claim that the state of Colorado is an inconvenient forum to hear claims and disputes.
(c) Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the provision so that other provisions of the Terms remain in full force and effect.
(d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) Notices. We may give notice to You through general posting on the Website, via postal notification, or via e-mail notification. You may give notice to Us via e-mail at email@example.com, by telephone or facsimile as noted on the Contact page on the Website.
(f) Delay and Course of Dealing. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under the Terms constitutes a waiver of any other right or remedy, or future exercise thereof.
(g) Construction. The section titles in the Terms are for convenience only and shall not affect its interpretation. The terms of this Agreement are to be construed as singular, plural, masculine, feminine, or neuter as context requires.
(h) Contact Us. If you have any questions or comments about this Website, please contact us at firstname.lastname@example.org.
Copyright © 2012 MBio Diagnostics, Inc. All rights reserved.