Last Modified April 14, 2015
Please read these terms and conditions carefully before using this web site.
This Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Exagen and meet the foregoing eligibility requirements.
This Site is for Informational Purposes Only and Does Not Provide Medical Advice
The contents and materials contained on the Site are for informational purposes only, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding a medical condition. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately. Never disregards professional medical advice or delay in seeking it because something you have read on our Site. Reliance on any information provided by Exagen on the Site is solely at your own risk.
Intellectual Property Rights “Limited License”
Subject to these Terms and Conditions of Use, Exagen grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the information and materials provided on the Site (collectively referred to as “Information”) for your own non-commercial use. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Exagen authorizes you to view and download the Information only for your personal use. This authorization is not a transfer of title in the Information or any copies of the Information and is subject to the following restrictions: 1) you must retain, on all copies of the Information downloaded, all copyright, trademark, logo and other proprietary notices contained in the Information; 2) you may not modify the Information in any way or reproduce or publicly display, distribute or otherwise use the Information for any public or commercial purpose; and 3) you may not transfer the Information to any other person unless you give such person notice of, and such person agrees to accept, the obligations arising under these Terms and Conditions of Use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Information, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Information. Except as expressly provided herein, Exagen does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Submission of Information
Third Party Links
As a convenience to you, the Site may include links to web sites operated by other entities. If you access or use these linked web sites, you will leave the Site. If you decide to visit any linked web site, you do so at your own risk and are responsible for compliance with any applicable laws us using such third party web sites. Exagen makes no warranty or representation regarding, is not responsible for, and does not endorse, any linked web sites or any information appearing on, products or services described on, or security or privacy practices employed by such linked web sites. Links do not imply that Exagen or the Site sponsors, endorses, is affiliated or associated with the entities operating the linked web sites, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyright symbol of Exagen. Exagen is not responsible for the content, security, or privacy practices employed by other web sites.
Disclaimer and Limitation of Liability
THE SITE AND THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL OR OTHER ERRORS. EXAGEN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR ANYTHING ON THE SITE OR THE RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED, DISTRIBUTED OR ACCESSED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. EXAGEN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. EXAGEN MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE INFORMATION AT ANY TIME WITHOUT NOTICE.
THE SITE AND THE INFORMATION ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL EXAGEN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THESE TERMS AND CONDITIONS OF USE, THE USE OF, OR THE INABILITY TO USE, THE INFORMATION CONTENT, INFORMATION OR FUNCTIONS OF THE SITE OR ANY LINKED WEB SITE, EVEN IF EXAGEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXAGEN’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED RELATED TO THESE TERMS AND CONDITIONS OF USE, THE USE OF, OR THE INABILITY TO USE, THE INFORMATION CONTENT, INFORMATION OR FUNCTIONS OF THE SITE OR ANY LINKED WEB SITE, SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ALL TEST KITS OR OTHER PROMOTIONAL MATERIALS THAT YOU MAY ORDER FROM THIS SITE, INCLUDING WITH LIMITATION THE AVISE® TEST KITS, ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF SUCH MATERIALS IS SOLELY AT YOUR OWN RISK AND LIABILITY.
You agree that the above limitations of liability together with the other provisions in these Terms and Conditions of Use that limit liability are essential terms of these Terms and Conditions of Use and that Exagen would not be willing to grant you the rights set forth in these Terms and Conditions of Use but your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Exagen to grant you the right set forth in these Terms and Conditions of Use.
By entering into these Terms and Conditions of Use and using the Site, you agree that you shall defend, indemnify and hold Exagen, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms and Conditions of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Site; or (d) your negligence or willful misconduct.
Site Availability and Changes
The Site may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating or construction. Exagen cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Exagen may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Exagen may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Exagen may terminate the authorization, rights and license given above at any time, and, upon such termination, you agree immediately to destroy all Information.
The Site may contain forward-looking statements, including statements about our beliefs and expectations. These statements are based on current plans, estimates and projections, and therefore readers should not place undue reliance on them. These statements involve inherent risks and uncertainties, many of which are outside our control. Forward-looking statements speak only as of the date they are made, and we undertake no obligation to update any of them in light of new information or future events.
Changes to these Terms and Conditions of Use
Exagen reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time. Changes to these Terms and Conditions of Use will be effective immediately upon being posted on the Site. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of such changes. We will let you know that these Terms and Conditions of Use have been changed by changing the effective date listed at the top of this webpage.
The Site is controlled, operated and administered from offices within the United States of America and is intended for U.S. visitors. Exagen makes no representation that any of the Information is appropriate or available for use at locations outside of the United States. Access to the Site or the Information from territories where the content of the Site is illegal is prohibited. You may not use the Site or export the Information in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.
These Agreements and your use of Site shall be governed by the laws of the State of California, U.S.A., without giving effect to its conflict of laws provisions.
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