Terms of use
GoPath Diagnostics, Terms of Use
Effective Date: August 10, 2012 | Revised: November 14, 2024
Introduction
Please review these Terms of Use (“Terms”) carefully before using any of our websites. By accessing or using the websites that display or link to these Terms, you agree to be bound by them. These Terms establish a binding agreement between you and GoPath Diagnostics. In this document, “GoPath,” “we,” or “us” refers to GoPath Diagnostics, as well as any related subsidiary or affiliate managing the relevant website. The term “you” refers to you as an individual and, if applicable, to any organization or institution you represent if you are accessing our websites professionally.
If you do not agree with these Terms, you are not authorized to access or use any of our websites.
These Terms include:
Note: If you are experiencing a medical emergency, please call 911 if you are in the United States, or the appropriate emergency number for your location.
These Terms incorporate by reference our Privacy Policy, which provides details about our data collection practices, how we use and share information, and other critical details. By using our websites, you also agree to our Privacy Policy, so please read it carefully.
No Medical Advice
The information, files, documents, text, photographs, images, audio, and other materials accessed through or available for download from our websites (“Content”), including information on diseases, conditions, treatments, or products, are provided for informational purposes only. This Content is not intended to replace professional medical advice, diagnosis, or treatment. Nothing on our websites should be interpreted as medical advice or recommendations regarding health-related decisions or actions.
We do not monitor or verify the accuracy, safety, or reliability of the information on our websites. The presence of specific Content on our websites does not imply GoPath’s endorsement of any treatment, medicine, physician, or other information. Any reliance on this Content is entirely at your own risk. For any health-related questions or before making decisions about health or wellness, consult a doctor or another qualified health professional.
If you are a doctor or other qualified healthcare professional, please refrain from offering medical advice or treatment through our websites. Additionally, you should not rely on our website's content in place of your medical judgment when evaluating information. Carefully review the information provided on our websites before deciding if any products, services, or treatments mentioned are appropriate for you or others.
Scope of These Terms
Our websites are intended to provide general information about GoPath Diagnostics, our products, and our research to users who are at least 18 years of age.
Our products and services labeled for research use are available for order by qualified companies and institutions; however, we reserve the right to reject any order at our discretion. These Terms do not apply to GoPath’s secure portal or any related services, including data generated from samples submitted for processing in connection with our services. Access and use of GoPath’s secure portal are governed by separate terms of use, which were accepted upon account creation (and may be updated from time to time) or by another written agreement between you and GoPath, if applicable.
Our clinical laboratory services are diagnostic tests that can only be ordered by authorized healthcare providers.
Your Obligations
If you access or use any of our websites outside of the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international laws, regulations, and rules (each, a “Law”) about such access and use. Accessing our websites from jurisdictions where the content is illegal or where these Terms cannot be fully enforced is strictly prohibited. We make no representation that the materials on our websites are appropriate or available for use in all locations.
You are not required to register with us to access our websites. However, we may occasionally offer certain features or services that require registration. If you choose to register, you agree to provide and maintain true, accurate, and complete information about yourself and, if applicable, your employer, institution, or entity on whose behalf you are accessing these features or services. These features or services may be subject to additional terms (“Additional Terms”), outlined in separate policies on the applicable websites. If you create a password or other authentication information as part of your registration, you agree to keep this information confidential and secure. Additional Terms will supplement these Terms and, in the case of any conflict, the Additional Terms will govern the relevant websites, features, or services.
If you wish to link to any of our websites, you may do so with an active link directed to the home page of the website, provided that you agree to remove the link upon our request. You may not link to or provide access to any of our websites in a manner that: (a) alters the appearance, functionality, or content of the websites, or (b) disparages our websites, products, or services, or could harm the reputation or goodwill of GoPath or any of its offerings.
In using our websites, you agree not to:
We reserve the right to investigate and take appropriate legal action against anyone who, at our discretion, violates these Terms, including, but not limited to, removing offending content, suspending or terminating access to our websites, and reporting violations to law enforcement authorities.
THIRD PARTY CONTENT, YOUR CONTENT AND FEEDBACK
Under no circumstances will we be liable in any way for any content or materials of any third parties, whether included on any of our websites or made available through links, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content (collectively, “Third Party Content”). Links to third-party websites or pages are provided for convenience only and your use of such third-party websites may be subject to additional third-party policies and terms. We do not control any third-party content nor guarantee its availability or display. We reserve the right to remove any Third-Party Content from our websites at any time at our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third-Party Content expressed or made available on or through our websites are solely those of the respective authors or distributors and do not necessarily reflect our opinions, views, or position. We do not necessarily endorse any third-party products, services, or treatments. You use or rely on Third Party Content at your own risk. Information on our websites about companies other than us in press releases or otherwise should not be relied upon as being endorsed by us.
If you submit information or material through any means (collectively, “Your Content”) to any of our websites, you, to the extent you have any rights in such information or material, grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, distribute, and display Your Content throughout the world in any media. To the maximum extent possible under applicable Law, you waive any moral rights you may have in such content. You grant us and our sublicensees the right to use the name, screen name, city or zip code, and other biographical information that you submit in connection with Your Content if we or they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post, including any intellectual property or other proprietary rights other than content that you clearly identify as Third Party Content, e.g., links to third party websites; (ii) Your Content is accurate; (iii) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including without limitation the prohibitions on use of our websites set forth above; and (iv) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity, including any privacy or security risk. GoPath has no responsibility for any of Your Content or the consequences of your sharing any of Your Content with others. We have the right but not the obligation to monitor and edit or remove any content from our websites at our sole discretion without notice or consent. If you are a healthcare professional, you agree not to submit any content that would or could directly identify a patient or any content for which you do not have all necessary consents and authorizations to disclose. (As noted above, this does not apply to content submitted to GoPath’s secure portal, which is governed by its terms of use or, if applicable, another written agreement between you and us.)
If Your Content includes any suggestions, ideas, or other feedback about us, our websites, or our products, (your “Feedback”): (i) you grant us all necessary rights to use your Feedback; (ii) you acknowledge and agree that we are free to use and otherwise act on your Feedback with no financial, credit, or other obligation whatsoever to you, but we are not obligated to use your Feedback in any way; (iii) you acknowledge and agree that we are not obligated to keep your Feedback confidential other than as outlined in the Online Privacy Policy; and (iv) you represent that your Feedback is entirely your original work.
Notice and Takedown Procedures / Copyright Agent
If you believe any material accessible on or from our websites infringes on your copyright, you may request the removal of such material (or access to it) by contacting our copyright agent at pr@gopathdx.com and providing the following information:
Disclaimer of Warranties
While we strive to provide accurate and up-to-date information on our websites, any information available as of a specific date may only be accurate as of that date, and we do not assume responsibility for updating it.
WITHOUT LIMITING THE ABOVE, OUR WEBSITES AND ALL CONTENT (INCLUDING ANY THIRD-PARTY CONTENT) PROVIDED ON OUR WEBSITES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GOPATH PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
Your use of our websites and the Content available on our websites is at your own risk. We make no representations or warranties that use of our websites will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you obtain from our websites is free of viruses and other potentially harmful elements.
The GoPath parties do not warrant or guarantee that any information or other Content obtained or viewed by you as a result of your use of our websites will be accurate or reliable, nor that your access to our websites or Content will be uninterrupted or error-free. Files available for download may not be free of viruses, worms, Trojan horses, or other destructive programming. You are responsible for implementing adequate procedures to meet your requirements for data backup and security. The GoPath parties disclaim all equitable indemnities.
Limitation of Liability
GoPath will not be held responsible for any action taken based on the information presented on our websites. To the fullest extent permitted by applicable law, we expressly disclaim any liability, and under no circumstances will we be liable under any theory of liability—whether in contract, tort, strict liability, or otherwise—for any direct, indirect, incidental, consequential, personal injury/wrongful death, punitive, exemplary, or special damages arising out of or in any way connected with your access to or use of our websites. This includes any reliance on Content obtained through our websites, your use or inability to use any of our websites, any loss of data, or errors or omissions in the Content of our websites, even if we were aware or should have been aware of the possibility of such damages.
If any GoPath party is found to be liable to you or any third party notwithstanding the above disclaimers, such liability will not exceed one hundred U.S. dollars (USD 100.00) in total.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. In jurisdictions where we cannot legally disclaim certain implied warranties or limit liabilities, the scope and duration of such warranties and the extent of liability will be the minimum permitted under the applicable law.
Indemnity and Release
To the fullest extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless GoPath, our content providers, and each of our respective directors, officers, employees, agents, contractors, and representatives (collectively, the “GoPath Parties”) from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses arising directly or indirectly from:
Content; Our Intellectual Property
We own all Content created or acquired by us, including our selection and arrangement of third-party content (“Third Party Content”), but excluding the Third Party Content itself. We enforce our intellectual property rights to the fullest extent permitted by law. All product names and logos displayed on our websites, regardless of their formatting or trademark symbol usage, are trademarks or service marks of GoPath, its affiliates, related companies, licensors, or collaborators, unless otherwise specified. Ownership of these marks and any goodwill associated with them remains with us or the respective entities.
All Content on our websites, including images and text, is protected by U.S. and international copyright laws, with all rights reserved. It may not be distributed, downloaded, modified, reused, reposted, or otherwise used except as follows: you may view, use, and download a single copy of a reasonable amount of this Content for personal, non-commercial informational purposes. Licensed healthcare providers (such as physicians, healthcare facilities, or pharmacies), health insurance providers, or representatives of such entities may use Content in connection with their professional duties, such as patient care. Unless expressly provided otherwise, no portion of the Content or software on our websites may be used, copied, downloaded, stored in a retrieval system, or redistributed for other purposes without our express written permission.
You must comply with all rights notices, information, or restrictions attached to any Content and must not remove any trademark, copyright, or other notices from our websites or any Content.
The technology and software underlying our websites (the “Software”) are our property. You agree not to copy, modify, create derivative works from, reverse engineer, reverse assemble, or attempt to discover any source code of the Software, nor to sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not explicitly granted herein are reserved by GoPath.
Refusal of Service; Termination; Survival
We reserve the right to refuse service, disable or restrict logins, remove or edit content (including Third Party Content), limit access to certain content, or modify or discontinue any of our websites or their features at our sole discretion. We may suspend, modify, or terminate your access to our websites at any time and for any reason, including for any violation of these Terms, without notice. Upon termination, you must destroy all content obtained from our websites and any copies of it.
The provisions in these Terms concerning security, prohibited activities, intellectual property, user submissions, disclaimers, limitation of liability, indemnity, release, and dispute resolution will survive any termination of your access to our websites. If your access is terminated under these Terms, you agree not to attempt to use our websites under any other name. Furthermore, if you violate this restriction after termination, you agree to indemnify and hold the GoPath Parties harmless from any liability incurred as a result.
We reserve the right to pursue any remedies available under law and equity for violations of these Terms.
Governing Law; Dispute Resolution
By choosing to visit our websites, you agree that any dispute regarding your use of our websites and these Terms will be governed by the laws of the State of Illinois, United States, without regard to its conflict of laws provisions. You also consent to the exclusive jurisdiction of the federal and state courts located in Lake County, Illinois, for any disputes arising in connection with our websites, including these Terms. If you access our websites from outside the United States, and to the extent permitted by applicable law, the GoPath Parties reserve the right to designate applicable governing law and jurisdiction by notifying you in the event of a dispute.
We and you hereby irrevocably submit to the exclusive personal jurisdiction of these courts and waive any objections to these courts, including objections based on venue or inconvenience of the forum. You agree that regardless of any law to the contrary, any claim or cause of action arising from or related to the use of our websites or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.
Waiver of Class Actions and Jury Trials: You agree to resolve any disputes with us on an individual basis only, expressly waiving any right to bring claims as a plaintiff or class member in any purported class, consolidated, multiple-plaintiff, or representative action (“Class Action”). Class Actions, class arbitrations, private attorney general actions, and consolidations with other arbitrations are prohibited. Both parties waive the right to maintain any Class Action in any forum. Additionally, you waive your right to a jury trial in any claim or cause of action arising from your use of our websites or these Terms.
You also agree to attempt in good faith to mediate any such dispute before bringing an action in court and to abide by all liability limitations contained herein. If any provision of these Terms is found unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Miscellaneous
This website may contain forward-looking information subject to various uncertainties, including scientific, business, economic, and financial factors. As a result, actual outcomes may differ significantly from those anticipated.
These Terms, along with our Online Privacy Policy and any applicable Additional Terms, constitute the entire and exclusive agreement between you and us concerning their subject matter and govern your use of our websites. This agreement supersedes any prior agreements or negotiations between us related to this subject matter. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Electronic Communications Notice
By using our websites or sending emails to us, you are engaging in electronic communication with us. You consent to receive communications from us electronically, whether via email or by notices posted on the applicable website. You agree that all agreements, notices, and other communications we provide electronically fulfill any legal requirement that such communications be in writing.
To access these communications, you need a computer or other internet-enabled device. To retain copies, you’ll need a printer or data storage device. You may print paper copies of any electronic communications for your personal use. If you wish to withdraw your consent to electronic communication, you must discontinue using our websites.
Please note, that the section titles in these Terms are provided for convenience only and have no legal or contractual significance.
Mobile Website
Our websites may offer certain services accessible via mobile devices, including (i) the ability to upload content to our websites through a mobile device and (ii) the ability to browse our websites on a mobile device (collectively, the “Mobile Website”). When accessing our services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. Additionally, certain features of the Mobile Website may be restricted or unsupported by your carrier, and compatibility may vary across different carriers or devices.
By using the Mobile Website, you agree that we may communicate with you electronically regarding GoPath and that certain information about your Mobile Website usage may be communicated to us.
Revisions
We may update these Terms periodically at our discretion. All revisions will be posted on this web page. If significant changes are made, we will notify you by posting a notice on one or more of our websites or via email. Please check this page regularly for the most current version of these Terms. To the fullest extent permitted by law, your continued use of our websites after a change notice has been posted constitutes your acceptance of the updated Terms.
Contact Us
For any questions or comments regarding these Terms of Use, please contact us at:
By Mail:
GoPath Diagnostics
1000 Corporate Grove Dr.
Buffalo Grove, IL 60089
By Phone: 855.GOPATH9
Effective Date: August 10, 2012 | Revised: November 14, 2024
Introduction
Please review these Terms of Use (“Terms”) carefully before using any of our websites. By accessing or using the websites that display or link to these Terms, you agree to be bound by them. These Terms establish a binding agreement between you and GoPath Diagnostics. In this document, “GoPath,” “we,” or “us” refers to GoPath Diagnostics, as well as any related subsidiary or affiliate managing the relevant website. The term “you” refers to you as an individual and, if applicable, to any organization or institution you represent if you are accessing our websites professionally.
If you do not agree with these Terms, you are not authorized to access or use any of our websites.
These Terms include:
- A waiver of rights to bring a class action against us;
- A waiver of rights to a jury trial in any claims or disputes arising from your use of our websites or these Terms; and
- A release by you of any claims for damages against us and specified third parties that may result from your use of the websites.
Note: If you are experiencing a medical emergency, please call 911 if you are in the United States, or the appropriate emergency number for your location.
These Terms incorporate by reference our Privacy Policy, which provides details about our data collection practices, how we use and share information, and other critical details. By using our websites, you also agree to our Privacy Policy, so please read it carefully.
No Medical Advice
The information, files, documents, text, photographs, images, audio, and other materials accessed through or available for download from our websites (“Content”), including information on diseases, conditions, treatments, or products, are provided for informational purposes only. This Content is not intended to replace professional medical advice, diagnosis, or treatment. Nothing on our websites should be interpreted as medical advice or recommendations regarding health-related decisions or actions.
We do not monitor or verify the accuracy, safety, or reliability of the information on our websites. The presence of specific Content on our websites does not imply GoPath’s endorsement of any treatment, medicine, physician, or other information. Any reliance on this Content is entirely at your own risk. For any health-related questions or before making decisions about health or wellness, consult a doctor or another qualified health professional.
If you are a doctor or other qualified healthcare professional, please refrain from offering medical advice or treatment through our websites. Additionally, you should not rely on our website's content in place of your medical judgment when evaluating information. Carefully review the information provided on our websites before deciding if any products, services, or treatments mentioned are appropriate for you or others.
Scope of These Terms
Our websites are intended to provide general information about GoPath Diagnostics, our products, and our research to users who are at least 18 years of age.
Our products and services labeled for research use are available for order by qualified companies and institutions; however, we reserve the right to reject any order at our discretion. These Terms do not apply to GoPath’s secure portal or any related services, including data generated from samples submitted for processing in connection with our services. Access and use of GoPath’s secure portal are governed by separate terms of use, which were accepted upon account creation (and may be updated from time to time) or by another written agreement between you and GoPath, if applicable.
Our clinical laboratory services are diagnostic tests that can only be ordered by authorized healthcare providers.
Your Obligations
If you access or use any of our websites outside of the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international laws, regulations, and rules (each, a “Law”) about such access and use. Accessing our websites from jurisdictions where the content is illegal or where these Terms cannot be fully enforced is strictly prohibited. We make no representation that the materials on our websites are appropriate or available for use in all locations.
You are not required to register with us to access our websites. However, we may occasionally offer certain features or services that require registration. If you choose to register, you agree to provide and maintain true, accurate, and complete information about yourself and, if applicable, your employer, institution, or entity on whose behalf you are accessing these features or services. These features or services may be subject to additional terms (“Additional Terms”), outlined in separate policies on the applicable websites. If you create a password or other authentication information as part of your registration, you agree to keep this information confidential and secure. Additional Terms will supplement these Terms and, in the case of any conflict, the Additional Terms will govern the relevant websites, features, or services.
If you wish to link to any of our websites, you may do so with an active link directed to the home page of the website, provided that you agree to remove the link upon our request. You may not link to or provide access to any of our websites in a manner that: (a) alters the appearance, functionality, or content of the websites, or (b) disparages our websites, products, or services, or could harm the reputation or goodwill of GoPath or any of its offerings.
In using our websites, you agree not to:
- Misrepresent your identity or affiliation, or submit false, inaccurate, or misleading information.
- Send or transmit unlawful, infringing, harmful, harassing, defamatory, threatening, obscene, or otherwise objectionable material, or any material that could harm our websites or computers.
- Send chain letters, unsolicited messages, or “spam” or “phishing” emails.
- Send unauthorized advertising, solicitations, or promotional materials.
- Transmit materials that infringe on any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
- Use our websites to disclose or collect another user’s personal information.
- Resell or commercially exploit any portion of our websites, products, or services.
- Gain unauthorized access to our websites or assist others in doing so.
- Interfere with or disrupt our websites or any associated software, hardware, telecommunications, or networks.
- Launch or use any automated system, including “robots,” “spiders,” or “offline readers,” that accesses our websites in a manner that sends more requests to our servers than a human could reasonably produce within the same timeframe, except for standard indexing purposes.
- Transmit or make available any virus, worm, adware, spyware, or other harmful code intended to damage or hijack operations of any hardware, software, or telecommunications equipment.
- Violate these Terms or any applicable Laws; or
- Assist others in any of the above activities.
We reserve the right to investigate and take appropriate legal action against anyone who, at our discretion, violates these Terms, including, but not limited to, removing offending content, suspending or terminating access to our websites, and reporting violations to law enforcement authorities.
THIRD PARTY CONTENT, YOUR CONTENT AND FEEDBACK
Under no circumstances will we be liable in any way for any content or materials of any third parties, whether included on any of our websites or made available through links, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content (collectively, “Third Party Content”). Links to third-party websites or pages are provided for convenience only and your use of such third-party websites may be subject to additional third-party policies and terms. We do not control any third-party content nor guarantee its availability or display. We reserve the right to remove any Third-Party Content from our websites at any time at our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third-Party Content expressed or made available on or through our websites are solely those of the respective authors or distributors and do not necessarily reflect our opinions, views, or position. We do not necessarily endorse any third-party products, services, or treatments. You use or rely on Third Party Content at your own risk. Information on our websites about companies other than us in press releases or otherwise should not be relied upon as being endorsed by us.
If you submit information or material through any means (collectively, “Your Content”) to any of our websites, you, to the extent you have any rights in such information or material, grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, distribute, and display Your Content throughout the world in any media. To the maximum extent possible under applicable Law, you waive any moral rights you may have in such content. You grant us and our sublicensees the right to use the name, screen name, city or zip code, and other biographical information that you submit in connection with Your Content if we or they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post, including any intellectual property or other proprietary rights other than content that you clearly identify as Third Party Content, e.g., links to third party websites; (ii) Your Content is accurate; (iii) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including without limitation the prohibitions on use of our websites set forth above; and (iv) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity, including any privacy or security risk. GoPath has no responsibility for any of Your Content or the consequences of your sharing any of Your Content with others. We have the right but not the obligation to monitor and edit or remove any content from our websites at our sole discretion without notice or consent. If you are a healthcare professional, you agree not to submit any content that would or could directly identify a patient or any content for which you do not have all necessary consents and authorizations to disclose. (As noted above, this does not apply to content submitted to GoPath’s secure portal, which is governed by its terms of use or, if applicable, another written agreement between you and us.)
If Your Content includes any suggestions, ideas, or other feedback about us, our websites, or our products, (your “Feedback”): (i) you grant us all necessary rights to use your Feedback; (ii) you acknowledge and agree that we are free to use and otherwise act on your Feedback with no financial, credit, or other obligation whatsoever to you, but we are not obligated to use your Feedback in any way; (iii) you acknowledge and agree that we are not obligated to keep your Feedback confidential other than as outlined in the Online Privacy Policy; and (iv) you represent that your Feedback is entirely your original work.
Notice and Takedown Procedures / Copyright Agent
If you believe any material accessible on or from our websites infringes on your copyright, you may request the removal of such material (or access to it) by contacting our copyright agent at pr@gopathdx.com and providing the following information:
- Identification of the copyrighted work you believe has been infringed.
- Identification of the material you believe to be infringing and its location. Please describe the material in detail and provide its URL or other pertinent information to help us locate it.
- Your name, address, telephone number, and, if available, your email address.
- A statement asserting your good faith belief that the disputed use of the material is not authorized by the copyright owner, their agent, or the law.
- A statement confirming that the information provided is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- A signature or the electronic equivalent of the copyright holder or their authorized representative.
- Our designated agent for copyright-related issues is the contact provided at the end of these Terms.
- If any content you submitted has been removed due to a copyright notice as outlined above, and you believe the content was lawfully posted, you may contact us to learn about our counter-notification process to dispute the claim and request the content’s reinstatement.
Disclaimer of Warranties
While we strive to provide accurate and up-to-date information on our websites, any information available as of a specific date may only be accurate as of that date, and we do not assume responsibility for updating it.
WITHOUT LIMITING THE ABOVE, OUR WEBSITES AND ALL CONTENT (INCLUDING ANY THIRD-PARTY CONTENT) PROVIDED ON OUR WEBSITES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GOPATH PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
Your use of our websites and the Content available on our websites is at your own risk. We make no representations or warranties that use of our websites will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you obtain from our websites is free of viruses and other potentially harmful elements.
The GoPath parties do not warrant or guarantee that any information or other Content obtained or viewed by you as a result of your use of our websites will be accurate or reliable, nor that your access to our websites or Content will be uninterrupted or error-free. Files available for download may not be free of viruses, worms, Trojan horses, or other destructive programming. You are responsible for implementing adequate procedures to meet your requirements for data backup and security. The GoPath parties disclaim all equitable indemnities.
Limitation of Liability
GoPath will not be held responsible for any action taken based on the information presented on our websites. To the fullest extent permitted by applicable law, we expressly disclaim any liability, and under no circumstances will we be liable under any theory of liability—whether in contract, tort, strict liability, or otherwise—for any direct, indirect, incidental, consequential, personal injury/wrongful death, punitive, exemplary, or special damages arising out of or in any way connected with your access to or use of our websites. This includes any reliance on Content obtained through our websites, your use or inability to use any of our websites, any loss of data, or errors or omissions in the Content of our websites, even if we were aware or should have been aware of the possibility of such damages.
If any GoPath party is found to be liable to you or any third party notwithstanding the above disclaimers, such liability will not exceed one hundred U.S. dollars (USD 100.00) in total.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. In jurisdictions where we cannot legally disclaim certain implied warranties or limit liabilities, the scope and duration of such warranties and the extent of liability will be the minimum permitted under the applicable law.
Indemnity and Release
To the fullest extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless GoPath, our content providers, and each of our respective directors, officers, employees, agents, contractors, and representatives (collectively, the “GoPath Parties”) from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses arising directly or indirectly from:
- Your breach of any provision of these Terms;
- Your activities in connection with our websites;
- Any content you provide (“Your Content”);
- Your connection to our websites; and
- Your violation of any rights of another.
Content; Our Intellectual Property
We own all Content created or acquired by us, including our selection and arrangement of third-party content (“Third Party Content”), but excluding the Third Party Content itself. We enforce our intellectual property rights to the fullest extent permitted by law. All product names and logos displayed on our websites, regardless of their formatting or trademark symbol usage, are trademarks or service marks of GoPath, its affiliates, related companies, licensors, or collaborators, unless otherwise specified. Ownership of these marks and any goodwill associated with them remains with us or the respective entities.
All Content on our websites, including images and text, is protected by U.S. and international copyright laws, with all rights reserved. It may not be distributed, downloaded, modified, reused, reposted, or otherwise used except as follows: you may view, use, and download a single copy of a reasonable amount of this Content for personal, non-commercial informational purposes. Licensed healthcare providers (such as physicians, healthcare facilities, or pharmacies), health insurance providers, or representatives of such entities may use Content in connection with their professional duties, such as patient care. Unless expressly provided otherwise, no portion of the Content or software on our websites may be used, copied, downloaded, stored in a retrieval system, or redistributed for other purposes without our express written permission.
You must comply with all rights notices, information, or restrictions attached to any Content and must not remove any trademark, copyright, or other notices from our websites or any Content.
The technology and software underlying our websites (the “Software”) are our property. You agree not to copy, modify, create derivative works from, reverse engineer, reverse assemble, or attempt to discover any source code of the Software, nor to sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not explicitly granted herein are reserved by GoPath.
Refusal of Service; Termination; Survival
We reserve the right to refuse service, disable or restrict logins, remove or edit content (including Third Party Content), limit access to certain content, or modify or discontinue any of our websites or their features at our sole discretion. We may suspend, modify, or terminate your access to our websites at any time and for any reason, including for any violation of these Terms, without notice. Upon termination, you must destroy all content obtained from our websites and any copies of it.
The provisions in these Terms concerning security, prohibited activities, intellectual property, user submissions, disclaimers, limitation of liability, indemnity, release, and dispute resolution will survive any termination of your access to our websites. If your access is terminated under these Terms, you agree not to attempt to use our websites under any other name. Furthermore, if you violate this restriction after termination, you agree to indemnify and hold the GoPath Parties harmless from any liability incurred as a result.
We reserve the right to pursue any remedies available under law and equity for violations of these Terms.
Governing Law; Dispute Resolution
By choosing to visit our websites, you agree that any dispute regarding your use of our websites and these Terms will be governed by the laws of the State of Illinois, United States, without regard to its conflict of laws provisions. You also consent to the exclusive jurisdiction of the federal and state courts located in Lake County, Illinois, for any disputes arising in connection with our websites, including these Terms. If you access our websites from outside the United States, and to the extent permitted by applicable law, the GoPath Parties reserve the right to designate applicable governing law and jurisdiction by notifying you in the event of a dispute.
We and you hereby irrevocably submit to the exclusive personal jurisdiction of these courts and waive any objections to these courts, including objections based on venue or inconvenience of the forum. You agree that regardless of any law to the contrary, any claim or cause of action arising from or related to the use of our websites or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.
Waiver of Class Actions and Jury Trials: You agree to resolve any disputes with us on an individual basis only, expressly waiving any right to bring claims as a plaintiff or class member in any purported class, consolidated, multiple-plaintiff, or representative action (“Class Action”). Class Actions, class arbitrations, private attorney general actions, and consolidations with other arbitrations are prohibited. Both parties waive the right to maintain any Class Action in any forum. Additionally, you waive your right to a jury trial in any claim or cause of action arising from your use of our websites or these Terms.
You also agree to attempt in good faith to mediate any such dispute before bringing an action in court and to abide by all liability limitations contained herein. If any provision of these Terms is found unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Miscellaneous
This website may contain forward-looking information subject to various uncertainties, including scientific, business, economic, and financial factors. As a result, actual outcomes may differ significantly from those anticipated.
These Terms, along with our Online Privacy Policy and any applicable Additional Terms, constitute the entire and exclusive agreement between you and us concerning their subject matter and govern your use of our websites. This agreement supersedes any prior agreements or negotiations between us related to this subject matter. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Electronic Communications Notice
By using our websites or sending emails to us, you are engaging in electronic communication with us. You consent to receive communications from us electronically, whether via email or by notices posted on the applicable website. You agree that all agreements, notices, and other communications we provide electronically fulfill any legal requirement that such communications be in writing.
To access these communications, you need a computer or other internet-enabled device. To retain copies, you’ll need a printer or data storage device. You may print paper copies of any electronic communications for your personal use. If you wish to withdraw your consent to electronic communication, you must discontinue using our websites.
Please note, that the section titles in these Terms are provided for convenience only and have no legal or contractual significance.
Mobile Website
Our websites may offer certain services accessible via mobile devices, including (i) the ability to upload content to our websites through a mobile device and (ii) the ability to browse our websites on a mobile device (collectively, the “Mobile Website”). When accessing our services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. Additionally, certain features of the Mobile Website may be restricted or unsupported by your carrier, and compatibility may vary across different carriers or devices.
By using the Mobile Website, you agree that we may communicate with you electronically regarding GoPath and that certain information about your Mobile Website usage may be communicated to us.
Revisions
We may update these Terms periodically at our discretion. All revisions will be posted on this web page. If significant changes are made, we will notify you by posting a notice on one or more of our websites or via email. Please check this page regularly for the most current version of these Terms. To the fullest extent permitted by law, your continued use of our websites after a change notice has been posted constitutes your acceptance of the updated Terms.
Contact Us
For any questions or comments regarding these Terms of Use, please contact us at:
By Mail:
GoPath Diagnostics
1000 Corporate Grove Dr.
Buffalo Grove, IL 60089
By Phone: 855.GOPATH9