Terms of Use

Welcome to cdxdiagnostics.com. The cdxdiagnostics.com website and any derivative or affiliated web sites on which these Terms of Use are posted (collectively, the “Site”) is owned and operated by CDx Diagnostics, Inc., a Delaware corporation (“CDx,” “we,” “us” or “our”). These Terms of Use govern users (“you,” “your” or “User”) use of the Site.

If you do not agree to these Terms of Use, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting such changes to this page. Please check these Terms of Use periodically for changes. The continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes.

USER REPRESENTATIONS

You hereby represent and warrant to CDx that: (a) you are over the age of eighteen (18) or otherwise have the power and authority to enter into and perform your obligations under these Terms of Use; (b) all information provided by you to CDx is truthful, accurate, and complete, and that you will maintain the truthfulness, accuracy, and completeness of any such information; (c) you will comply with these Terms of Use and/or any other instructions displayed on the Site in conjunction with any specific functionality; (d) your access to and use of the Site will not constitute a breach or violation of any other agreement, contract, terms of use, and/or other information displayed on the Site in conjunction with specific functionality, or any law or regulation, to which you are subject; and (e) you will not use the Site, any Content, or any other information displayed thereon for any of the prohibited uses set forth herein or for any other improper or unlawful purpose.

GENERAL TERMS OF USE AND RESTRICTIONS ON USE OF MATERIALS

If you do not comply with these Terms of Use at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site. We may discontinue or alter any aspect of the Site, including, but not limited to: (a) restricting the time the Site is available; (b) restricting the amount of use permitted; and (c) restricting or terminating any User’s right to use the Site, at our sole discretion and without prior notice or liability.

PRIVACY POLICY

CDx collects, uses, maintains and discloses information collected from you through the Site in accordance with CDx’s Privacy Policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

THIRD-PARTY LINKS

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The presentation of third-party links or Content is not an endorsement, sponsorship or recommendation by CDx. These Terms of Use do not apply to third-party websites.

CDx INTELLECTUAL PROPERTY

The Content of the Site, and the Site as a whole, are solely for personal, informational, and noncommercial use, except where otherwise expressly permitted. Subject to the terms and conditions of these Terms of Use, you may download or copy the Content and other downloadable materials displayed on the Site for informational or reference purposes only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You shall not (a) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time.

You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content or the Site without prior written consent of CDx. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Requests for permission to reproduce or reprint any information contained on the Site should be addressed to CDx, Attn: legal@cdxdiagnostics.com.

You acknowledge that the Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by CDx or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. We and any licensors own all right, title and interest in and to the Site, and all content and materials on the Site, including, without limitation, all Content, text, photos, videos, marks, graphics, art, user input, interfaces, features, functions, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, trademarks and logos, audio, sound recordings, and video recording. Your use of the Site does not grant you ownership in or rights to of any of the foregoing.

PROHIBITED USES

You will not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminate, store or transmit files, graphics, software or other materials or information that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property rights of any person; (c) interfere, disrupt or attempt to gain unauthorized access to information on the Site or any other computer network; (d) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (e) engage in any unlawful activity or any other activity deemed by CDx to be in conflict with the spirit or intent of these Terms of Use.

You may not (i) decompile, disassemble, or reverse engineer the Site or any portion thereof; (ii) attempt to gain unauthorized access to the Site, any portion thereof, including content accessible via the Site, or any other system or platform through the Site; (iii) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any content on the Site, including any Content; or (iv) reverse look up, trace or seek to trace any information on any other user of or visitor to the Site to its source. You will not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

NO MEDICAL ADVICE

The information posted here by CDx or any third party should not be considered medical advice, and is not intended to replace consultation with a qualified medical or pharmacy professional. CDx does not answer specific medical questions or refer people to a particular medical professional via the Site.

The Site and the Content posted thereon are for informational purposes only. The Site and the Content are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you have a medical emergency, call your doctor or 911 immediately. CDx does not recommend or endorse any tests not offered by CDx, physicians, products, procedures, opinions, or other information that may be mentioned on the Site or in a link on the Site.

USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS

We welcome your comments regarding the Site. Any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of CDx. You understand that by providing Comments to us, you grant to us and our designees a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sublicenseable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such Comments (in whole or in part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes. We have no obligation to review or use any Comments or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Comments for any purpose, without any compensation to you. We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you. By submitting any Comments, you understand and agree that such Comments are non-confidential.

INDEMNIFICATION

You agree to defend, indemnify and hold CDx, its parent, affiliates, subsidiaries and related companies, and their respective officers, employees, and agents (collectively, the “Protected Entities”) harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site or Content, or any services or products offered by CDx or breach of these Terms of Use.

RELIANCE ON INFORMATION

The information presented on or through the Site is made available solely for general information purposes. The Site may include content provided by third parties, including materials provided by Users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CDx, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CDx. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DISCLAIMER

THE SITE AND ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. CDx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

CDx MAKES NO WARRANTY THAT THE SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, AVAILABLE, TIMELY, SECURE, OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITE WILL BE COMPLETE, USEFUL, ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE, INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE SITE ARE USED AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITE OR ANY CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECTED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CDx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT, MATERIALS, OR INFORMATION PROVIDED ON OR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, DATA OR INFORMATION OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE SITE. IN NO EVENT SHALL THE PROTECTED ENTITIES TOTAL LIABILITY TO YOU FOR ALL DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED FIFTY DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The validity and effect of these Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, USA, without regard to its conflicts or choice of laws principles. The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of these Terms of Use shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party. The parties agree that breach of the provisions of these Terms of Use would cause irreparable harm and significant injury to CDx which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that CDx has the right to enforce the provisions of these Terms of Use by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies CDx may have for your breach of these Terms of Use. 

ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF USE, OR ANY SALE, PRODUCT, SERVICE, POLICY, OR PROCEDURE OF CDx, MUST BE BROUGHT IN THE FEDERAL COURT OF THE UNITED STATES LOCATED IN WHITE PLAINS, NEW YORK OR THE COURT OF THE STATE OF NEW YORK, LOCATED IN ROCKLAND COUNTY, NEW YORK, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION, OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION, OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.

These Terms of Use, together with our Privacy Policy and any documents referenced herein, constitutes the complete and exclusive statement of these Terms of Use between the parties with respect to the Site and use of the Site, and, it supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties concerning the Site. Neither the course of conduct between us nor trade practice shall act to modify these Terms of Use.  These Terms of Use, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void. If any provision of these Terms of Use is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce these Terms of Use. The provisions of these Terms of Use that by their content are intended to survive the expiration or termination of these Terms of Use, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms of Use, will survive the expiration or termination of these Terms of Use.

CHANGES TO OUR POLICIES

We reserve the right to change, modify, add, or remove portions of these Terms of Use at any time without prior notice. If you have any questions, or would like further clarification, please email us at legal@cdxdiagnostics.com.

COPYRIGHT

If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us by email at legal@cdxdiagnostics.com. 

CONTACT US

This Site is operated by CDx and all inquiries may be directed to: legal@cdxdiagnostics.com.