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Terms Of Use
2015-01-11
 
 

TERMS OF USE

By accessing and using this GoPath Diagnostics, LLC, www.GoPathdx.com (hereinafter "GoPathDx") website or any of its tools, products or services, you signify your acceptance to these Terms of Use.  If you do not agree to ALL of these Terms of Use, do not use this Site! GoPathDx reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification. The terms and conditions herein apply to GoPathDx, its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as "GoPathDx"  GoPathDx may revise, modify or amend these Terms of Use at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the Site or notifying you.  You agree to review these Terms of Use periodically to ensure that you are aware of any changes.  Your continued use of this Site will mean you accept those changes.

GoPathDx sites and services are for informational use only. This site and any information contained on or provided through it is provided on an "as is" basis. That means that the information contained on or provided through this site intended for general understanding and education. Any access to this site is voluntary. GoPathDx regards all access as voluntary and at the sole risk of the user.

Nothing contained in this site is intended, or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.  Users should always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

GoPathDx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part thereof, or our content, with or without notice.

JURISDICTION

Because of the designated purpose of this site and the services it provides, you agree that GoPathDx does not constitute a service that targets any one community, user group, business or industry. Because the site is designed for educational purposes, you also agree that it does not constitute "doing business" in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company or establishing "minimum contacts" with any jurisdiction outside of the state of Indiana. Your use of this website and any dispute arising out of such use of the website is governed by the laws and of the State of Indiana, USA.  You hereby consent to exclusive jurisdiction and venue of the courts of Hamilton County, Indiana for any action or dispute arising from your use or access to this website. 

SPECIAL ADMONITION FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside

DISCLAIMER OF WARRANTIES AND LIABILITY

In no event will GoPathDx warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.

Information offered on this Site is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will GoPathDx be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortuous action, even if GoPathDx is expressly advised of the possibility of such damages. GoPathDx and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to GoPathDx for the reconstruction of any lost data.

Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you.

This web site could include technical inaccuracies or typographical errors. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the website. GoPathDx may make improvements and/or changes in the products(s) and/or the program(s) described in this publication at any time.

GoPathDx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by GoPathDx, by its contributors, or by others appearing on the GoPathDx at the invitation of Global Pathology Portal, or other visitors to the GoPathDx is solely at your own risk. We also do not warrant or guarantee that files available for downloading through the GoPathDx will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

This website and associated pages are not targeted to children ages 13 and under.  By accessing this website, you are warranting that you are ages 13 or older.   Please see our Privacy Policy for more information on personal information that may be collected by this website.

We cannot guarantee that the information contained on this website will not be considered offensive or unacceptable to those who access the website.  Some of the information on the website may be considered graphic due to the nature of the information contained therein.  If you find any of the information to be graphic or offensive please do not access the website.

You may not use this website to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. We assume no responsibility or liability for this material if posted by a user of the website.  We try to monitor the website and delete objectionable material. However, if you become aware of any such material on the website, please contact us as directed in the “Contact Us” section of the website.

Without assuming any obligation to do so, we may delete any Content or suspend any website or account associated with it, that in our sole judgment violates these Terms or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. 

The following is a partial list of the kind of content and activity that is prohibited on our website and through the use by our registered members. We reserves the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the website at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. We further reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities.  Prohibited content and activity includes, but is not limited to, content or activity that in the sole discretion of GoPathDx:

·         may constitute or contribute to a crime or tort;

·         is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;

·         communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;

·         involves sending or otherwise posting unauthorized commercial communication (such as spam);

·         engages in unlawful multi-level marketing, such as a pyramid scheme;

·         advertises or otherwise markets controlled products or other mature content without appropriate age-based restrictions;

·         solicits login information or accessing an account belonging to someone else;

·         solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;

·         obscures the advertisements we serve on your website;

·         makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users' Content or information;

·         interferes with, disrupts, impairs or creates an undue burden on the website or the networks or services connected to the website;

·         attempts to impersonate another person or entity, including, but not limited to, a GoPathDx official, to falsely state or otherwise misrepresent your affiliation with a person or entity;

·         provides false personal information on the website, or creates an account for anyone other than yourself without permission;

·         involves selling or otherwise transferring your account without our prior permission;

·         creates and maintains a website that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;

·         uploads viruses or other malicious code;

·         uses the website to hyperlink to content not permitted on GoPathDx;

·         facilitates or encourages any violation of these Terms of USE.

HYPERLINKS & THIRD PARTY SITES

Additionally, our website may contain hyperlinks on GoPathDx or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on GoPathDx or any website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through GoPathDx.

ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

GoPathDx makes no representations, warranties or endorsements with respect to any non-GoPathDx web site which may be accessed from this Site. When you access a non-GoPathDx web site, please understand that GoPathDx has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

LINKING POLICY

You may NOT create a link to this website from another website or document without our prior written consent.  To obtain consent, please choose contact us or send regular mail to: PO Box 19777, Indianapolis, IN 46219 USA.

COPYRIGHT INFORMATION

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Copyright Notice: © 2010 GoPathDx. All Rights Reserved. Please refer to the GoPathDx Copyright Usage Requirements for additional information concerning copyrights.

Services, products, technologies and processes described in this Web site (www.GoPathdx.com) may be subject of GoPathDx Intellectual Property rights and are not licensed hereunder.

UNAUTHORIZED USE

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

INDEMNIFICATION

By using this site and  agree to indemnify, defend and hold harmless GoPathDx, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

CONFIDENTIALITY

Comments, suggestions, ideas or materials (including without limitation original or creative materials) (collectively “Feedback”) sent or transmitted to GoPathDx shall be deemed to be non-confidential and shall become the sole property of GoPathDx. Subject to the conditions described on the privacy policy of this Site, GoPathDx shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you.


MISCELLANEOUS

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

From GoPath Diagnostics Legal Team (updated 06-18-2010)

 
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