Terms & Conditions
Please read these terms and conditions before using this Website.
By accessing this Website, You agree to these terms and conditions. Company reserves the right to change these terms and conditions, and services, and programs mentioned in this Website at any time, at its sole discretion, without notice. Company reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
2. Copyright Notice
All the information and material contained in this Website and the Company software is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of Company or their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior express written permission of Company or their respective owners. Any use of these trademarks by any party other than Company or their respective owner is expressly prohibited and may not be used in connection with any product or service that is likely to cause confusion in the marketplace, disparage or discredit this Website or Company.
4. External Links
This Website may contain links to third party websites on the Internet that are not under the control of Company, and Company makes no representation as to their content. Company is not responsible for the content or availability of any linked third party Websites and use or reliance on any links and the content thereon provided is at Your own risk. When visiting links to any third parties, You must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by You or otherwise to this Website without the express prior written permission of Company.
This Website is distributed internationally and may contain references to products and services that have not been released in Your country. Although distributed internationally, these references do not guarantee that Company intends to release those products and services in Your particular country.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND COMPANY, ALL INFORMATION AND SOFTWARE ON THIS WEBSITE (“WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND THAT USE OF ANY WEBSITE CONTENT IS AT YOUR SOLE AND ENTIRE RISK. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE WEBSITE CONTENT AND AGREE NOT TO USE THE WEBSITE CONTENT IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS COULD OCCUR.
THE WEBSITE, PRODUCTS, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF UNAUTHORIZED SECURITY BREACHES, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE WEBSITE CONTENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR SECURITY BREACH FREE, OR THAT DEFECTS IN THE WEBSITE CONTENT WILL BE CORRECTED. The entire risk as to the results and performance of the Website Content is assumed by You. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE WEBSITE CONTENT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR COMPANY’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. SHOULD THE WEBSITE CONTENT PROVE DEFECTIVE, YOU (AND NOT COMPANY OR COMPANY’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES OR LIABILITY FOR ANY LOSS, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF USE OF ASSETS, LOSS OF CONTRACTS, INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH THE PERFORMANCE OF, OR RELATING TO THE WEBSITE CONTENT OR YOUR USE OF THE WEBSITE, OF OR RELATING TO ANY AND ALL INFORMATION PROVIDED BY YOU, PERSONAL OR OTHERWISE, TO COMPANY, OF OR RELATING TO ANY UNAUTHORIZED SECURITY BREACHES, YOUR RELIANCE ON THE WEBSITE CONTENT, MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE WEBSITE CONTENT OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY OR DUTY, TORT (INCLUDING NEGLIGENCE OF ANY PERSON (GROSS, SOLE, CONCURRENT, ACTIVE, OR PASSIVE), PRE-EXISTING CONDITION, PRODUCTS LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, OR ANY OTHER CAUSE, OR OTHERWISE, EVEN IF COMPANY OR COMPANY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES ABOVE, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO BEAR ALL COSTS RESULTING FROM THE USE OF THE WEBSITE CONTENT. COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE CONTENT OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
This Website could include technical or other inaccuracies. Company may make changes to material and information on this Website at any time and without prior notice. HOWEVER, COMPANY MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS WEBSITE.
8. Use of the Website
Company does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, You warrant and represent to Company that You are legally entitled to do so and to make use of information made available via the website.
9. User Registration (if created)
You may be asked to provide Company the following information to create an account: full name (Your legal surname, if an individual) or full name of legal entity, email address, telephone number, and any other information required by Company. You represent and warrant that this information is true and accurate.
10. Consent to Company Processing Information About You (if User Account created)
The information You provide to Company may reveal, or allow others to identify, Your nationality, ethnic origin, religion, gender, age, geography or other aspects of Your private life. By providing information to Company for the purposes of creating Your User account or adding any additional details of Yourself in the Website, You are expressly and voluntarily accepting the terms and conditions of this Agreement and explicitly consenting to allow Company to process information about You. Supplying information to Company, including any information deemed “sensitive” by applicable law, is entirely voluntary on Your part. You have the right to withdraw your consent to Company’s collection and processing of Your information at any time, by removing the information from the Website or by closing Your account, but please note that Your withdrawal of consent will not be retroactive.
11. Duty to Back Up Computer System, Data, and User Content
YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MAINTAIN BACKUP COPIES OF YOUR COMPUTER SYSTEM AND ANY AND ALL DATA OR ELECTRONIC FILES OF INCLUDING BUT NOT LIMITED ANY AND ALL DOCUMENTS, INFORMATION, PROGRAMS, USER CONTENT, OR OTHERWISE THAT ARE USED, POSTED, STORED, OR HOSTED BY COMPANY, OR OTHERWISE USED IN CONJUNCTION WITH THE WEBSITE, COMPANY SERVICES, AND SOFTWARE (“DATA”). YOU FURTHER AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DATA (AS DEFINED HEREIN).
12.1 Entire Agreement
This Terms and Conditions of Use (“Agreement”) constitutes the entire agreement between You and Company in relation, or with respect, to the subject matter herein and supersedes any and all prior or contemporaneous understandings, representations, or agreements, whether written or oral. Except as expressly set forth herein, neither You nor Company shall be bound by any express or implied representations, warranties, promises, covenants, agreements, or the like not recorded herein.
12.2 Updates, Changes, or Alteration
Company reserves the right to change these terms and conditions at any time, at its sole discretion, without notice. When Company updates or changes this document, Company shall also revise the “Last Updated” date at the top of this document. Your continued use of the Website constitutes Your agreement to this Terms and Conditions and any updates. You shall be responsible for reviewing the then current version each time You visit the website to stay informed about the terms and conditions of Your use of the Company Website.
In the event of any conflicts or contradictions between the terms and provisions of this Agreement and any other terms and conditions, policies or notices relating to the subject matter herein, the terms and provisions of this Agreement shall prevail. Capitalized terms used, but not defined, herein shall have the means ascribed to them in the Agreement.
No indulgence or extension of time which either You or Company may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Company shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any terms and conditions, policies and notices to any third party.
The language of all parts of this Agreement, shall in all cases be construed as a whole, according to its fair meaning. In the event that a court of competent jurisdiction deems any provision of this Agreement to be unreasonable, invalid, void, or unenforceable, for any reason and to any extent, such provision(s) shall be modified in such a manner so as to be valid and fully enforceable to the maximum extent permitted by law. Those provisions found unreasonable, invalid, void or unenforceable shall not affect the remaining provisions of this Agreement, which shall remain valid and enforceable according to its or their terms.
12.7 Governing Law and Jurisdiction
You agree that all matters relating to Your access to, or use of, this Website shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without regard to its choice or conflict of law rules or provisions. You hereby consent to the exclusive personal and subject matter jurisdiction of the Federal or state courts for the City of Chicago of the State of Illinois, in any action or claim arising out of, under or in connection with this Agreement or the relationship between the Parties hereto. To the fullest extent permitted by law, each party knowingly and voluntarily waives any and all right to a trial by jury in any action or proceeding arising out of, under or in connection with this Agreement or the relationship between the Parties hereto.
All claims, disputes, controversies, differences or misunderstandings of any kind between the parties hereto arising under, out of, or in connection with this Agreement, including the existence or continued existence of this Agreement and the arbitrability of a particular issue, which cannot be amicably settled and resolved by the parties hereto, shall be submitted to arbitration by JAMS, to take place in, or if not available in, the closest location to, the City of Chicago of the State of Illinois. The arbitration shall finally be settled in accordance with the Comprehensive Arbitration Rules and Procedures or, if eligible, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures.by one or more arbitrators appointed in accordance with the above-mentioned rules. The arbitrator’s decision shall be reduced to writing. The decision of the arbitration tribunal shall be final and binding upon the Parties and may be enforced in any court of competent jurisdiction, and no party shall seek redress against the other in any court or tribunal except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award.
Company makes no representation that information on this Website are appropriate or available for use outside of the United States or in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this Website may do so on their own initiative and shall be responsible for compliance with all applicable laws.
12.8 Export Control Laws
All products, software, documentation and information available on this Website are subject to export controls administered by the United States and other countries. Diversion contrary to U.S. law, where applicable, is strictly prohibited. Export, re-export or import of certain products, software, documentation and information may require action on Your behalf prior to purchase and it is Your responsibility to comply with all applicable international, national, provincial, state, regional and local laws, and regulations, including any applicable import and use restrictions. By downloading or using any product or service from this Website, You are agreeing to the foregoing and all applicable export control laws.
12.9 Contact Information, Comments, or Questions
Company welcomes Your comments regarding the legal terms. If You have any questions or comments regarding these legal terms, please contact us via firstname.lastname@example.org, or the postal mail at the address provided below and Company shall use commercially reasonable efforts to promptly respond:
BioPorto Diagnostics Inc.
444 North Michigan Avenue
Chicago, IL 60611
Company uses reasonable endeavors to ensure that the Website and associated services is available 24 hours a day 7 days a week. However, there will be occasions when the Website or service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Company. Every reasonable step will be taken by Company to minimize such disruption where it is within the reasonable control of Company. You agree that Company shall not be liable to You for any modification, suspension or discontinuance of the site or associated services. Additionally, we reserve the right to modify or terminate any service being provided for any reason and without notice at any time.