Labtest Systems, Inc
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
By using this site, you signify your assent to these Terms and
Conditions. If you do not agree to all of these Terms and Conditions of use, do
not use this site!
Labtest Systems, Inc, Inc. ("Labtest)
may revise and update these Terms and Conditions at any time. Your continued
usage of the Labtest Systems, Inc website ("Labtest Site," or the
"Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
CHILDREN'S PRIVACY
USE OF CONTENT
LIABILITY OF Labtest Systems, Inc AND ITS LICENSORS
USER SUBMISSIONS
CHAT ROOMS AND BULLETIN BOARDS
ADVERTISEMENTS AND LINKS TO OTHER SITES
INDEMNITY
GENERAL
JURISDICTION
COMPLETE AGREEMENT
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the Labtest Systems, Inc
Site, such as text, graphics, images, information obtained from Labtest Systems, Inc's
licensors, and other material ("Content") contained on the
Labtest Systems, Inc Site are for informational purposes only. The Content is not
intended to be a substitute for professional medical advice, diagnosis, or
treatment. Always seek the advice of your physician or other qualified health
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 Labtest Systems, Inc Site!
If you think you may have a
medical emergency, call your doctor or 911 immediately. Labtest Systems, Inc does not
recommend or endorse any specific tests, products, procedures, opinions, or
other information that may be mentioned on the Site. Reliance on any
information provided by Labtest Systems, Inc, Labtest Systems, Inc employees, others appearing on
the Site at the invitation of Labtest Systems, Inc, or other visitors to the Site is
solely at your own risk.
The Site may contain health- or
medical-related materials which you find sexually explicit or otherwise
offensive. Labtest Systems, Inc, its licensors, and its suppliers have no control over
and accept no responsibility for such materials. You are solely responsible for
compliance with the laws applicable to your country of residence.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be
aware that this Site is not intended or designed to attract children under the
age of 13. We do not collect personally identifiable information from any
person we actually know is a child under the age of 13.
USE OF CONTENT.
Labtest Systems, Inc authorizes you to view
or download a single copy of the material on the Labtest Systems, Inc Site solely for
your personal, noncommercial use if you include the following copyright notice:
"Copyright 1999 - 2000, Labtest Systems, Inc, Inc. All rights reserved" and
other copyright and proprietary rights notices which were contained in the
Content. Any special rules for the use of certain software and other items
provided on the Labtest Systems, Inc Site may be included elsewhere within the Site and
are incorporated into these Terms and Conditions by reference.
The Content is protected by
copyright under both United States and foreign laws. Title to the Content
remains with Labtest Systems, Inc or its licensors. Any use of the Content not expressly
permitted by these Terms and Conditions is a breach of these Terms and
Conditions and may violate copyright, trademark, and other laws. Content and
features are subject to change or termination without notice in the editorial
discretion of Labtest Systems, Inc. All rights not expressly granted herein are reserved
to Labtest Systems, Inc and its licensors.
If you violate any of these Terms
and Conditions, your permission to use the Content automatically terminates and
you must immediately destroy any copies you have made of any portion of the
Content.
LIABILITY OF Labtest Systems, Inc AND ITS LICENSORS.
The use of the Labtest Systems, Inc Site
and the Content is at your own risk.
When using the Labtest Systems, Inc Site,
information will be transmitted over a medium which is beyond the control and
jurisdiction of Labtest Systems, Inc and its suppliers. Accordingly, Labtest Systems, Inc assumes
no liability for or relating to the delay, failure, interruption, or corruption
of any data or other information transmitted in connection with use of the
Labtest Systems, Inc Site.
The Labtest Systems, Inc Site and the
content are provided on an "as is" basis. Labtest Systems, Inc, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. Specifically, Labtest Systems, Inc, its licensors, and its
suppliers make no representations or warranties about the following:
1.The
accuracy, reliability, completeness, currentness, or timeliness of the Content,
software, text, graphics, links, or communications provided on or through the
use of the Labtest Systems, Inc Site or Labtest Systems, Inc.
The
satisfaction of government regulations requiring disclosure of information on
prescription drug products with regard to the Content contained on the
Labtest Systems, Inc Site.
In no event shall Labtest Systems, Inc, its licensors, its suppliers, or any
third parties mentioned on the Labtest Systems, Inc Site be liable for any damages
(including, without limitation, incidental and consequential damages, personal
injury/wrongful death, lost profits, or damages resulting from lost data or
business interruption) resulting from the use or inability to use the
Labtest Systems, Inc Site or the Content, whether based on warranty, contract, tort, or
any other legal theory, and whether or not Labtest Systems, Inc is advised of the
possibility of such damages. Labtest Systems, Inc shall be liable only
to the extent of actual damages incurred by you, not to exceed U.S.$100.
Labtest Systems, Inc is not liable for any personal injury, including death, caused by
your use or misuse of the Site, Content, or Public Area (as defined below). Any
claims arising in connection with your use of the Site, any Content, or the
Public Areas must be brought within one (1) year of the date of the event giving
rise to such action occurred. Remedies under these Terms and Conditions are
exclusive and are limited to those expressly provided for in these Terms and
Conditions.
USER SUBMISSIONS.
You agree that you will not upload
or transmit any communications or content of any type that infringe or violate
any rights of any party. By submitting communications or content to any part of
this Site, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you automatically grant--or warrant that the
owner of such content has expressly granted--Labtest Systems, Inc a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use, reproduce,
create derivative works from, modify, publish, edit, translate, distribute, perform,
and display the communication or content in any media or medium, or any form,
format, or forum now known or hereafter developed. Labtest Systems, Inc may sublicense
its rights through multiple tiers of sublicenses.
CHAT ROOMS AND BULLETIN BOARDS.
If you use a Public Area, you are
solely responsible for your own communications, the consequences of posting
those communications, and your reliance on any communications found in the
Public Areas. Labtest Systems, Inc is not
responsible for the consequences of any communications in the Public Areas. In
cases where you feel threatened or believe someone else is in danger, you
should contact your local law enforcement agency immediately. If you think
you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed
to use the Public Areas, you agree that the following actions shall constitute
a material breach of these Terms and Conditions:
1.Using a
Public Area for any purpose in violation of local, state, national, or
international laws;
2.Posting
material that infringes on the intellectual property rights of others or on the
privacy or publicity rights of others;
3.Posting
material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful, or embarrassing to any other person or entity as
determined by Labtest Systems, Inc in its sole discretion;
4.Posting
advertisements or solicitations of business;
5.After
receiving a warning, continuing to disrupt the normal flow of dialogue, or
posting comments that are not related to the topic being discussed (unless it
is clear the discussion is free-form);
6.Posting
chain letters or pyramid schemes;
7.Impersonating
another person;
8.Distributing
viruses or other harmful computer code;
9.Harvesting
or otherwise collecting information about others, including email addresses,
without their consent;
10.Allowing
any other person or entity to use your identification for posting or viewing
comments;
11.Posting the
same note more than once or "spamming"; or
12.Engaging in
any other conduct that restricts or inhibits any other person from using or
enjoying the Public Area or the Site, or which, in the judgment of Labtest Systems, Inc,
exposes Labtest Systems, Inc or any of its customers or suppliers to any liability or
detriment of any type.
Labtest Systems, Inc reserves the right
(but is not obligated) to do any or all of the following:
1.Record the
dialogue in public chat rooms.
2.Investigate
an allegation that a communication(s) do(es) not conform to the terms of this
section and determine in its sole discretion to remove or request the removal
of the communication(s).
3.Remove
communications which are abusive, illegal, or disruptive, or that otherwise
fail to conform with these Terms and Conditions.
4.Terminate a
user's access to any or all Public Areas and/or the Labtest Systems, Inc Site upon any
breach of these Terms and Conditions.
5.Monitor,
edit, or disclose any communication in the Public Areas.
6.Edit or
delete any communication(s) posted on the Labtest Systems, Inc Site, regardless of
whether such communication(s) violate these standards.
Labtest Systems, Inc reserves the right to
take any action it deems necessary to protect the personal safety of our guests
or the public. Labtest Systems, Inc has no
liability or responsibility to users of the Labtest Systems, Inc Site or any other
person or entity for performance or nonperformance of the aforementioned
activities.
ADVERTISEMENTS AND LINKS TO OTHER SITES.
Labtest Systems, Inc does not endorse the
content on any third-party websites. Labtest Systems, Inc is not responsible for the
content of linked third-party sites, sites framed within the Labtest Systems, Inc Site,
or third-party advertisements, and does not make any representations regarding
their content or accuracy. Your use of third-party websites is at your own risk
and subject to the terms and conditions of use for such sites. Labtest Systems, Inc does
not endorse any product advertised on the Labtest Systems, Inc Site.
INDEMNITY.
You agree to defend, indemnify,
and hold Labtest Systems, Inc, its officers, directors, employees, agents, licensors,
and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your violation of
these Terms and Conditions.
GENERAL.
Labtest Systems, Inc is based in Midland
Park, New Jersey, in the United States of America. Labtest Systems, Inc makes no claims
that the Content is appropriate or may be downloaded outside of the United
States. Access to the Content may not be legal by certain persons or in certain
countries. If you access the Labtest Systems, Inc Site from outside the United States,
you do so at your own risk and are responsible for compliance with the laws of
your jurisdiction. The following provisions survive the expiration or
termination of these Terms and Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive
jurisdiction for any dispute with Labtest Systems, Inc, or in any way relating to your
use of the Labtest Systems, Inc Site, resides in the courts of the State of New Jersey
and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of New Jersey in connection with any
such dispute including any claim involving Labtest Systems, Inc or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers, and content providers.
These Terms and Conditions are governed by the internal
substantive laws of the State of New Jersey, without respect to its conflict of
laws principles. If any provision of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and effect. No waiver of
any of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a
particular "legal notice" on the Labtest Systems, Inc Site, these Terms and
Conditions constitute the entire agreement between you and Labtest Systems, Inc with
respect to the use of the Labtest Systems, Inc Site, and Content. Your use of the
Labtest Systems, Inc Site is also subject to the Labtest Systems, Inc Privacy Policy.
Thank you for your cooperation. We hope you find the Labtest Systems, Inc Site
helpful and convenient to use! Questions or comments regarding this website
should be directed by electronic mail to service@Labtest Systems, Inc or via U.S. mail
to Labtest Systems, Inc at 140 Greenwood Avenue, Midland Park, New Jersey 07432.
Labtest Systems, Inc,
Inc. © 2002, All Rights Reserved