Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
The content of the website is intended to be a general information resource in regard to the subject matter covered and is provided solely on an "AS IS" and "AS AVAILABLE" basis as noted on herein. KDx Diagnostics Inc. is not engaged in rendering medical or other professional services or advice via this website, and the information provided on this website is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional health care provider. KDx Diagnostics Inc. does not endorse, warranty or guarantee the views, strategies, recommendations, treatments, actions, or applications of medications or preparations published on the website.
1. Scope of Use: KDx Diagnostics Inc. grants you permission to view, use and download a single copy of this website for your informational, non-commercial use. Except as otherwise provided herein, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of KDx Diagnostics Inc. You understand that KDx Diagnostics Inc. may discontinue, change, or restrict your use of this website for any reason without notice.
2. No Warranties: ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. KDX DIAGNOSTICS INC. MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. KDX DIAGNOSTICS INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
3. Limitation of Liability. YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. KDX DIAGNOSTICS INC. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF KDX DIAGNOSTICS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF NATURE, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
4. Trademarks. Unauthorized use of any KDx Diagnostics Inc. trademark, service mark or logo may be a violation of federal and state trademark laws. KDx Diagnostics Inc.®, URO17™ are trademarks of KDx Diagnostics Inc. All other trademarks and service marks are the property of their respective owners.
5. Copyright and Digital Millennium Copyright Act. This website is protected by U.S. and foreign copyright laws. Except for the Scope of Use expressly provided herein you may not modify, reproduce or distribute the design or layout of the website, or individual sections of the design or layout of the website or any of the content within the website without KDx Diagnostics Inc.'s written permission. Nothing in this Agreement grants to you a license in or under any of KDx Diagnostics Inc.’s intellectual property rights, and therefore you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any content of the website. Use of the website content for any purpose not expressly permitted herein is strictly prohibited.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit KDx Diagnostics Inc. to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Privacy & Security Officers
P.O. Box 320023, Los Gatos CA 95032, or send an email to
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying KDx Diagnostics Inc. that your copyrighted material has been infringed. The preceding requirements are intended to comply with KDx Diagnostics Inc.’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
6. Links. This website may contain links to Sites operated by other parties. To the extent the linked sSites are not under the control of KDx Diagnostics Inc., KDx Diagnostics Inc. is not responsible for the content available on any of these sites linked to the website. Such links do not imply KDx Diagnostics Inc.'s endorsement of material on any other site and KDx Diagnostics Inc. disclaims all liability with regard to your access to such linked websites. KDx Diagnostics Inc. provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk. Unless otherwise set forth in a written agreement between you and KDx Diagnostics Inc., you must adhere to KDx Diagnostics Inc.'s linking policy as follows: (i) any link to the website must be a text only link clearly marked "KDx Diagnostics Inc. Website"; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with KDx Diagnostics Inc.'s names and trademarks; (iii) the link must "point" to and not to other pages within the website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with KDx Diagnostics Inc.; (v) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website; and (vi) KDx Diagnostics Inc. reserves the right to revoke its consent to the link at any time and in its sole discretion.
7. User Submissions. Certain areas of this website may enable you to access online forums and to submit e-mails, or otherwise provide feedback to KDx Diagnostics Inc. KDx Diagnostics Inc. does not endorse, and specifically disclaims any responsibility or liability for any content in the forums. In addition, KDx Diagnostics Inc. reserves the right to delete, move or edit content, in whole or in part, submitted to the forums that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of intellectual property, privacy, or other proprietary rights, in violation of these Terms and Conditions, or for any other reason
You agree that by submitting content, you:
· will only submit content related to the subject matter of the forum, if applicable, and that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
· understand and agree that such content that is submitted to a forum, or feedback page, will be deemed non-confidential; and
8. Security. You are responsible for maintaining the confidentiality of your registration login and password, and you are responsible for all uses of your registration login or password, and all related charges, whether or not authorized by you.
9. Location & Governing Law. This website is operated by KDx Diagnostics Inc. from its offices in the State of California, USA. The law of the State of California shall govern these Terms and Conditions, without reference to its choice of law rules. KDx Diagnostics Inc. makes no representation that the information in the website is appropriate or available for use in other locations, and access to the KDx Diagnostics Inc. website from territories where the content of the KDx Diagnostics Inc. website may be illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
10. Violations and Additional Policies. KDx Diagnostics Inc. reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth herein, including the right to block access from an internet address to the website.
11. Safe Harbor Disclaimer. This website contains forward-looking statements within the meaning of the federal securities laws that involve material risks, assumptions and uncertainties. Many possible events or factors could affect our future financial results and performance, such that our actual results and performance may differ materially from those that may be described or implied in the forward-looking statements. As such, no forward-looking statement can be guaranteed. Forward-looking statements typically are identified using terms such as “may,” “will,” “should,” “might,” “expect,” “anticipate,” “estimate,” “plan,” “intend,” “goal,” “project,” “strategy,” “future,” and similar words, although some forward-looking statements are expressed differently. The risks described in reports and registration statements that we file with the Securities and Exchange Commission (the “SEC”) from time to time (and which are available at under “SEC Filings”), should be carefully considered. You are cautioned not to place undue reliance on these forward-looking statements. Except as required by law, we undertake no obligation to publicly release the results of any revision or update of these forward-looking statements, whether as a result of new information, future events or otherwise.
12. Indemnity. You agree to defend, indemnify and hold harmless KDx Diagnostics Inc. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website;, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, right provided by any labor or employment law, rule, or regulation, or intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) any information, materials, content or account information that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the website (or access and use of any third-party service via the website) with your unique username, password or other appropriate security code (or, with respect to third-party services, your account information).
13. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
For any dispute with KDx Diagnostics Inc. relating to the use or access to the website, or the breach or alleged breach thereof (collectively, “Claims”), you shall first contact us and attempt to resolve the dispute informally. In the unlikely event that we are unable to resolve a dispute within sixty (60) days of being notified of the dispute, both parties shall resolve any Claims, disputes, or controversies (excluding any claims for injunctive or other equitable relief as provided below) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless the parties agree otherwise. If you are using the website for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
14. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND KDX DIAGNOSTICS INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
15. General Assignment. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16. Notification Procedures and Changes to these Terms and Conditions. We may provide notifications, either as a requirement by law or for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms and Conditions. KDx Diagnostics Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms and Conditions from time to time, and so you should review this page periodically. When we change the Terms and Conditions in a material manner, we will update the version number and date at the top of this page. Your continued use of the website after any such change constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future Terms and Conditions, do not use or access (or continue to access) the website.
17. Entire Agreement/Severability. These Terms and Conditions, together with any amendments and any additional agreements you may enter into with KDx Diagnostics Inc. in connection with the website, shall constitute the entire agreement between you and us concerning the website. If any provision of these Terms and Conditions is deemed invalid by a court of 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, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable
18. No Waiver. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.