Wednesday, April 26, 2017, 02:27 PM
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Hematogenix Laboratory Services, LLC (“Hematogenix”)
Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THEM, DO NOT USE THIS WEBSITE.
By using this website, you signify your assent to these Terms of Use. You expressly acknowledge that use of this website is at your sole risk. Hematogenix is the owner and operator of this website and it may revise and update these Terms of Use at any time. Your continued usage of the website will mean you accept those changes.

License
Provided you agree and comply with these Terms of Use, Hematogenix grants you a personal, limited, nonexclusive, nontransferable, revocable right to use this website.

Ownership of Website and Content
This website is the property of Hematogenix and or its licensors. All content contained in this website, and the design or arrangement of such content, is owned or licensed by Hematogenix, and is protected by intellectual property and unfair competition laws, including copyright, patent and trademark laws.

Restrictions on Use of Materials
In using this website, you agree that no material or information from this website may be copied, reproduced, republished, or transmitted except as authorized in these Terms of Use, expressly authorized on the information or materials themselves, or as otherwise approved in writing by Hematogenix. If there is information that is intended for downloading purposes, you may download such content, provided that you do not remove any of the proprietary marks on such content, use such only for your personal and non-commercial use, make no modifications to such content, and make no representations or warranties regarding such content.
You also agree not to disrupt or interfere with the security or functionality of the website, or the functionality of any services related to this website, not to fraudulently use this website, and not to seek unauthorized access of the website.In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this website. This website is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this website, do not access or use this Site.

Privacy Policy
Please review our privacy policy, which also governs your use of this website, to fully understand our practices. You acknowledge and agree that Hematogenix may use the data collected in the course of our relationship for the purposes identified in our privacy policy, which is hereby incorporated by reference.

Disclaimer of Warranties and Liability
HEMATOGENIX DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY WEBSITE, SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS CONCERNING MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE OR USED WITHOUT INTERRUPTION. THE WEBSITE AND ITS CONTENT MAY ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE.

IN NO EVENT WILL HEMATOGENIX, OR ANY OF ITS DIRECTORS, OFFICERS OR EMPLOYEES OF BE LIABLE TO YOU UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF HEMATOGENIX OR A HEMATOGENIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, HEMATOGENIX’S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO HEMATOGENIX FOR THE SPECIFIC GOOD OR SERVICES THAT CAUSED THE DAMAGES, OR $1,000.00. NO ACTION MAY BE BROUGHT AGAINST HEMATOGENIX LATER THAN ONE YEAR FROM THE DATE THE CAUSE OF ACTION OCCURRED.

Disclaimer of Endorsement & Third-Party Links
Reference in this website to any specific commercial product, process or service by trade name, trademark, manufacturer, website link or otherwise, does not constitute or imply an endorsement or recommendation by Hematogenix. Additionally, you specifically acknowledge that Hematogenix is not liable for any incorrect or inappropriate conduct of any third-party, and you will need to make your own independent judgment regarding your interaction with third parties.

Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless, Hematogenix and its directors, officers, employees and agents from and against all demands, loss, liability, claims and expenses, including reasonable attorneys' fees, arising out of your use of this website or your use of the materials and information contained in this website. 

Violations of these Terms of Use
You acknowledge that breach of these Terms of Use could cause irreparable harm. Accordingly, in the event of a violation, you shall be liable for such violation, and Hematogenix has the right to pursue injunctive relief, as well as any other rights and remedies available at law.

General
These Terms of Use contain the entire understanding of the parties regarding the use of this website, shall supersede any other oral or written agreements, may not be assigned by you (and any such attempted assignment or transfer shall be deemed null and void). These Terms of Use shall be construed according to the internal laws of the State of Illinois without regard to its conflicts of laws provisions. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, which provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. Performance of any obligation required by a party hereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The parties agree that any disputes or questions arising hereunder, including the construction or application of the Terms of Use, shall be settled in Illinois by arbitration in accordance with the rules of the American Arbitration Association then in force. If the parties cannot agree upon an arbitrator within ten (10) days after demand by either of them, either or both parties may request the American Arbitration Association to name a panel of five (5) arbitrators. Each party shall then strike two (2) names, and the remaining name shall be the arbitrator. The decision of the arbitrator shall be final and binding upon the parties, both as to law and to fact. The expenses of the arbitrator shall be paid by the breaching party, unless the arbitrator determined that the expenses shall be otherwise assessed.
If you have any questions regarding these Terms of Use, please contact Hematogenix.