These Terms apply to your access to, and use of, all or part of any website or mobile application of ALEPH DIAGNOSTICS or its subsidiaries and affiliated companies (collectively, “ALEPH”), and any site, mobile application or online service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with ALEPH DIAGNOSTICS for products, services or otherwise.
While we make reasonable efforts to provide accurate and timely information about ALEPH DIAGNOSTICS on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about ALEPH DIAGNOSTICS. In particular, if you are making an investment decision regarding ALEPH DIAGNOSTICS, please consult a number of different sources.
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.
Non Affiliation of Brands
ALEPH DIAGNOSTICS is not and has never been associated with, an affiliate or subsidiary of, or a successor in interest toany entity.ALEPH DIAGNOSTICS does not derive any income from, and is not an Affiliate of, or successor in interest to, any entity that derives any of its income from, the development, licensing, and/or sale of any product, service, developments, knowledge or systems to any entity with a similar trademark as ours, or other companies providing services in the healthcare or pharmaceutical industry.
Copyright, Trademarks, and User License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the ALEPH DIAGNOSTICS logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of ALEPH DIAGNOSTICS or its licensors or users and are protected by U.S. and international copyright laws. ALEPH DIAGNOSTICS, ALEPH DIAGNOSTICS the ALEPH DIAGNOSTICS logo, and other ALEPH DIAGNOSTICS trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of ALEPH DIAGNOSTICS Corporation (collectively “ALEPH DIAGNOSTICS Marks”). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively “Third Party Marks”). The ALEPH DIAGNOSTICS Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of ALEPH DIAGNOSTICS or the applicable trademark holder. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by ALEPH DIAGNOSTICS or the owner of the Content. All rights not expressly granted are reserved.
Subject to these Terms, AG DIAGNOSTIX grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms (“User License”). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites (“Content”) is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
Digital Millennium Copyright Act (“DMCA”) Notice
Submission of Ideas
Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about ALEPH, our Sites and our products (collectively, “Ideas”). The Ideas you submit are voluntary, non-confidential, gratuitous and non-committal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes. You must also inform us if you have a pending or registered patent relative to the Idea.
You represent and warrant that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to ALEPH DIAGNOSTICS that you grant here in.
By submitting your Idea, you grant ALEPH DIAGNOSTICS and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release ALEPH DIAGNOSTICS and its agents and employees from any claims that such use violates any of your rights.
ALEPH DIAGNOSTICS shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.
Links to Sites
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray ALEPH DIAGNOSTICS in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use ALEPH DIAGNOSTICS’ logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ALEPH DIAGNOSTICS trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ALEPH DIAGNOSTICS or any third party. ALEPH DIAGNOSTICS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of ALEPH DIAGNOSTICS and ALEPH DIAGNOSTICS is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
The User agrees to defend, indemnify, and hold harmless ALEPH DIAGNOSTICS its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“ALEPH DIAGNOSTICS Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a ALEPH DIAGNOSTICS Indemnitee’s sole negligence. ALEPH DIAGNOSTICS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT SHALL ALEPH DIAGNOSTICS ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM ALEPH DIAGNOSTICS), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ALEPH DIAGNOSTICS’ RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.
IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Third Party Content, Sites, Products and Services (including Advertising and Promotions)
ALEPH DIAGNOSTICS may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by ALEPH DIAGNOSTICS of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that ALEPH DIAGNOSTICS is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.
Modifications to the Sites
ALEPH DIAGNOSTICS reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that ALEPH DIAGNOSTICS will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Press Releases: The information contained within press releases issued by ALEPH DIAGNOSTICS should not be deemed accurate or current except as of the date the release was posted. ALEPH DIAGNOSTICS specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Governing Law and Jurisdiction
ALEPH DIAGNOSTICS reserves the right to change or modify these Terms or any other ALEPH DIAGNOSTICS policies related to use of the Sites at any time and at its sole discretion by posting revisions on the Sites. Continued use of the Sites following such changes or modifications to the Terms or otherALEPH DIAGNOSTICS policies will constitute acceptance of such changes or modifications.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Sites is ALEPH DIAGNOSTICS 1801 Century Park East, Floor 25, Century City, CA. 90067. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact ALEPH DIAGNOSTICS via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.