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Legal - Terms of Use
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Cartesia Dx User Agreement and Terms and Conditions of Use
IMPORTANT - Please READ this CAREFULLY: These Terms of Use are a legal contract between you (either
an individual or a single business entity) and Cartesia Dx ("Cartesia Dx" which term when used to the
body of these Terms of Use shall also include all related Cartesia Dx entities) for the use of this
internet site maintained for the purpose of facilitating support for entitled Cartesia Dx customers,
which includes, as applicable, computer software, associated media, printed materials, and "online"
or electronic documentation (collectively, the "Site"). These Terms of Use will govern your use of
this Site.
1. Acceptance of the Terms.
The services that Cartesia Dx provides to you are subject to the following Terms of Use ("TOU").
Cartesia Dx reserves the right to update the TOU at any time without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the
bottom of our Web pages.
2. Purchase Terms.
All business conducted on the Site will be governed by Cartesia Dx Terms and Conditions. For the
avoidance of doubt, there is nothing on the Site that will be deemed, interpreted or construed to
be an offer by Cartesia Dx to provide any goods or services that is capable of accepted by you other
than in strict compliance with the Terms and Conditions. Cartesia Dx will use best commercial efforts
to fulfill all orders, but Cartesia Dx cannot guarantee the availability of any particular product or
service displayed on this Site. Cartesia Dx reserves the right to discontinue the sale of any product
or service listed on this Site at any time without notice. The prices displayed on this Site are
quoted in U.S. dollars and are valid and effective only within the United States.
3. Links to Other Sites.
To assist you in locating other information or services relevant to your business, the Site may
provide links to other sites on the World Wide Web. These sites have not been reviewed by Cartesia Dx
and are maintained by third parties over which Cartesia Dx exercises no control, and accordingly,
Cartesia Dx expressly disclaims any responsibility for the content, the accuracy of the information,
and the quality of any products or services provided by or advertised on these third-party web sites.
4. Disclaimer and Limitation of Liability.
THIS SITE and ALL INFORMATION, PRODUCTS AND SERVICES IS PROVIDED BY Cartesia Dx ON AN "AS IS" AND
"AS AVAILABLE" BASIS. Cartesia Dx MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE SUITABILITY OR ACCURACY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE, THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, TITLE, NON-INFRINGEMENT, PRODUCTS
or that the SERVERS, OR E-MAIL SENT FROM Cartesia Dx ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
or that the content of this Site free from errors or omissions. to the extent permitted by law,
Cartesia Dx disclaims all warranties, whether express or implied, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall
Cartesia Dx BE LIABLE to you, your company or to any third partY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE, THE content of THIS SITE, THE DELAY OR INABILITY TO USE THIS
SITE, PRODUCTS, SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, ON ANY THEORY OF
LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK. Cartesia Dx' CUMULATIVE LIABILITY TO YOU, your company or
to any third partY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING
OUT OF OR RELATING TO THIS SITE OR IN CONNECTION WITH ANY OF Cartesia Dx' ASSOCIATED PRODUCTS OR
SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU FOR SUCH ITEM.
5. Prohibited Conduct.
You agree not to access, tamper with or use areas of this Site or Cartesia Dx computer systems or
other associated site or systems that exceed the scope of your authorization. Individual accessing,
attempting to access or tampering with these areas may be subject to prosecution. You also agree not
to tamper with or attempt to access other user accounts or information of other users. You agree not
to attempt to gather and use information available from this Site to transmit any unsolicited
advertising. For your protection, Cartesia Dx reserves the right to view, monitor, and record activity
on this Site without notice or permission from you. Any information obtained by monitoring, reviewing,
or recording is subject to review by law enforcement organizations in connection with investigation or
prosecution of possible criminal activity on this Site. Cartesia Dx will also comply with all court
orders involving requests for such information. You shall be strictly liable to Cartesia Dx for, and
shall indemnify, defend and hold Cartesia Dx harmless from and against, any losses, claims or other
damages it may incur as a result of any viruses, malicious code or computer programming routines that
are knowingly introduced to this Site or other computer network systems of Cartesia Dx as a result of
your access thereto and for any other unauthorized use specified under the Agreement or for any
misimplementation by you of the information regarding the products or services provided through this
Site.
6. Copyright.
All content on the Site is protected by copyright, which includes but is not limited to material such
as such as text, photographs, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software (the ?Content?). The Content and the compilation of such Content is
the exclusive property of Cartesia Dx or its content suppliers and is protected by U.S. and
international laws and is copyrighted by Cartesia Dx Copyright ? 2001. All rights reserved.
Cartesia Dx also owns a copyright in the Site as a collective work and/or compilation including all
derivative works, and in the selection, coordination, arrangement, and enhancement of the Content of
the Site. No part of this site may be copied, used or reproduced in any form, or by any means, under
any express or implied right(s) to you or your employer under any patent(s), copyright(s),
trademark(s), or trade secret information through this Site without the written prior permission of
Cartesia Dx. Accordingly, unauthorized use of any material contained on this Site may violate
copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other
regulations and statutes.
7. Trademarks.
"Cartesia Dx" and other marks indicated on this Site are registered trademarks of Cartesia Dx in the
United States and other countries. Cartesia Dx graphics, logos, page headers, button icons, scripts,
web links, products and service names are trademarks or trade dress of Cartesia Dx. Cartesia Dx
trademarks and trade dress may not be used in connection with any product or service that is not
expressly authorized by Cartesia Dx, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Cartesia Dx or its affiliates. All other trademarks
not owned by Cartesia Dx that appear on this Site are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by Cartesia Dx.
8. Term and Termination.
These Terms of Use create a revocable, non-exclusive, non-transferable license to use this Site in
compliance with these Terms of Use. Cartesia Dx reserves the right at any time to deny, limit or
terminate access to the Site or any portion thereof, whether for a violation of these Terms and
Conditions, or for any other reason.
9. Governing Law. Jurisdiction.
This site is created and controlled by Cartesia Dx, on behalf of itself and other group companies,
from its offices within the Commonwealth of Pennsylvania, USA. You agree that these Terms of Use
shall be governed by Pennsylvania law without giving effect to any principles of conflicts of laws.
Any disputes regarding these Terms of Use shall be heard by the state and federal courts located in
Pittsburgh, Pennsylvania, USA, and each party consents to the exclusive jurisdiction of such courts.
Cartesia Dx makes no representation that materials in the Site are appropriate or available for use
in other locations, and access to them from territories where any of the contents of this Site are
illegal is prohibited. Those who choose to access this Site from other locations do so on their own
volition and are responsible for compliance with applicable local laws.
10. Waiver.
Any waiver or amendment of any of these disclaimers, terms, and conditions will be effective only if
signed by Cartesia Dx and the failure of Cartesia Dx to exercise or enforce any disclaimer, term, or
condition shall not constitute a waiver of such right or provision.
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