Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following are the terms and conditions of your use of the 20/20 BioResponse (“20/20 BioResponse,” “we” or “us”) website (the “Website”) and products available on the Website of 20/20 BioResponse, a division of 20/20 GeneSystems, Inc. (the “Terms of Use”). These Terms of Use form a legal agreement between you and 20/20 BioResponse. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your continued use of the Website after the date any such changes become effective constitutes your acceptance of the new Terms of Use. If you do not wish to accept the new Terms of Use, you may discontinue your use of the Website.
In addition, when using certain Website, you will be subject to any additional terms applicable to the Website that may be posted on the Website from time to time, including, without limitation, the Privacy Policy. To the extent that there is an inconsistency between these Terms of Use and the Privacy Policy, these Terms of Use will take precedence.
Eligibility
20/20 BioResponse provides this Website for use only by persons located within the United States. 20/20 BioResponse makes no representation that the Website or its content is appropriate or available for use in locations outside the United States.
You may use the Website for personal, noncommercial and lawful purposes. You may not exploit any aspect of the Website for any commercial purpose without prior written and signed authorization from us. You must comply with all state, local, national and international laws, rules and regulations that apply to the Website, your use of the Website, and any products you learn about on the Website or access through the Website.
Medical Professionals and Point of Care Healthcare Workers
Purchase, sale and use of the products on this Website is subject to U.S. federal laws and regulations restrict purchase and use of the products to clinical laboratories and healthcare workers for point-of-care testing. Purchases by distributors, wholesalers, purchasing agents are prohibited unless pursuant to a written agreement with 20/20 BioResponse. Without limiting the generality of the foregoing, the following provisions also apply to these Terms of Use.
DISCLAIMER OF WARRANTIES
THE WEBSITE DOES NOT MAKE ANY WARRANTY REGARDING CORONACHECK™ RAPID TEST. THE WEBSITE IS PROVIDED: (1) WITH ALL FAULTS AS IS AND AS
AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. 20/20 BIORESPONSE. OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE WEBSITE, AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND WE WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THIS WEBSITE. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The Website Does Not Provide Medical Advice or Services
We are not a Medical Provider or a Pharmacy. The contents of the Website (collectively, “Content”) are for informational purposes only and are not intended to be medical advice or instructions for medical diagnosis or treatment. No physician-patient relationship is, or is intended to be, created by Content provided by us, and the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Individuals must always seek the advice of their physician or other qualified health provider with respect to any questions regarding a medical condition. Content is not regulated by the Food and Drug Administration or any state or national medical board.
YOU AGREE AND UNDERSTAND THAT 20/20 BIORESPONSE IS NOT A MEDICAL PRACTICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS YOUR RESPONSIBILITY TO SEEK DIAGNOSIS, TREATMENT AND ADVICE FROM QUALIFIED PROVIDERS BASED ON YOUR CONDITION AND PARTICULAR CIRCUMSTANCES.
If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.
Under no circumstances will we be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.
If You Transmit or Provide Data to Us, It Is Non-Confidential
We do not want to receive confidential or proprietary information from you through our Website. If you transmit to or post on our Website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and we shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to us is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights. Personal data provided to us will be handled in accordance with our Privacy Policy.
We Do Not Allow You to Use Our Trademarks
Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks, service marks, trade names, or logos, without our prior written permission.
Conditions of Use
You are solely responsible for all information entered or uploaded onto the Website by you. You agree to not use the Website to engage in any violation of any law or governmental regulation, any activity that poses or creates a privacy or security risk to any person, or any activity which in the sole judgment of 20/20 BioResponse, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose 20/20 BioResponse or its users to any harm or liability of any type, or interfere with or disrupt the Website.
Intellectual Property Rights
Content, Software and Trademarks: You acknowledge and agree that the Content on the Website is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All right, title and interest in the Content are and will remain the exclusive property of 20/20 BioResponse, its affiliates and licensors. Except as expressly authorized by 20/20 BioResponse, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Content, in whole or in part. Any use of the Website or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website are the property of 20/20 BioResponse, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by 20/20 BioResponse.
The 20/20 BioResponse name and logos are trademarks and service marks of 20/20 BioResponse and its affiliates (collectively the “20/20 BioResponse Trademarks”). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to 20/20 BioResponse. Nothing in these Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of 20/20 BioResponse Trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of 20/20 BioResponse Trademarks will inure to our exclusive benefit.
Copyright Complaints: 20/20 BioResponse respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify 20/20 BioResponse of your infringement claim in accordance with the procedure set forth below.
20/20 BioResponse will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to 20/20 BioResponse’s Copyright Agent at support@coronachecktest.com . (Subject line: “DMCA Takedown Request”).
20/20 BioResponse Copyright Agent:
9430 Key West Aveue, Suite 100, Rockville, MD 20850
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with DMCA and other applicable law, 20/20 BioResponse has adopted a policy of terminating, in appropriate circumstances and at the discretion of 20/20 BioResponse, account holders who are deemed to be repeat infringers. 20/20 BioResponse may also at our discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Indemnity and Release
You hereby agree to release, indemnify and hold 20/20 BioResponse and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, in or outside of the United States, you waive any comparable statute or doctrine.
Liability of 20/20 BioResponse
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 20/20 BIORESPONSE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
20/20 BIORESPONSE AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE CONTENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 20/20 BIORESPONSE NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF 20/20 BIORESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA, INFORMATION OR PRODUCT OBTAINED THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 20/20 BIORESPONSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS ($1000).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
Any claims arising in connection with your use of the Website or its products must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing 20/20 BioResponse support at support@coronachecktest.com . In the unlikely event that our user support team is unable to resolve a complaint you may have (or if 20/20 BioResponse has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Payment of attorneys’ fees will be governed by the AAA Rules (as defined below) or the rules of the local governing arbitration body in the case
AAA Rules are not available. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement:
20/20 BioResponse and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of these Terms of Use.
References to “20/20 BioResponse”, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and 20/20 BioResponse are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, these Terms of Use evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to 20/20 BioResponse should be sent to 20/20 Genesystems, Inc. 9430 Key West Avenue, Suite 100, Rockville MD 20850, with a copy by email to support@coronachecktest.com (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If 20/20 BioResponse and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or 20/20 BioResponse may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by 20/20 BioResponse or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 20/20 BioResponse is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778- 7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless 20/20 BioResponse and you agree otherwise, any arbitration hearings will take place in Montgomery County, Maryland in the United States. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND 20/20 BIORESPONSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and 20/20 BioResponse agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms of Use to the contrary, we agree that if 20/20 BioResponse makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
Termination
You agree that 20/20 BioResponse, in its sole discretion, may suspend or terminate your access to the Website under reasonable circumstances, including, without limitation, if 20/20 BioResponse believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Website under any provision of these Terms of Use may be effected without prior notice. Further, you agree that 20/20 BioResponse will not be liable to you or any third party for any termination of your access to the Website.
Affiliates
These terms between you and BioResponse also apply to your relationship with any affiliate of BioResponse or other business unit related to BioResponse, including but not limited to 20/20 GeneSystems, Inc., of which BioREsponsen is a division .
General
These Terms of Use constitute the entire agreement between you and 20/20 BioResponse and govern your use of the Website, superseding any prior agreements between you and 20/20 BioResponse with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party website, third-party content or third-party software. These Terms of Use will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and 20/20 BioResponse agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Montgomery County, Maryland. The failure of 20/20 BioResponse to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of
these Terms of Use is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of 20/20 BioResponse, but 20/20 BioResponse may assign or transfer these Terms of Use, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Privacy Policy
At 20/20 BioResponse, we respect the privacy of our users. For details please see our Privacy Policy. By using the Website, you consent to our collection and use of personal information and data as outlined therein.
Contact
Please contact us at support@coronachecktest.com to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use or the Website.