AGREEMENT BETWEEN YOU AND GENOVA DIAGNOSTICS

myGDX WEB SITE

TERMS OF USE and NOTICES

AGREEMENT BETWEEN USER AND GENOVA DIAGNOSTICS

myGDX is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of myGDX constitutes your agreement to all such terms, conditions, and notices.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at https://www.gdx.net/mygdx/privacy-policy for disclosures relating to the collection and use of your information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Genova Diagnostics immediately of any unauthorized use of your account or any other breach of security. Genova Diagnostics will not be liable for any loss or breach of confidentiality that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Genova Diagnostics or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

Genova Diagnostics reserves the right to change the terms, conditions, and notices under which myGDX services are offered, including but not limited to the charges associated with the use of selected myGDX services. You are responsible for regularly reviewing these terms and conditions. Your continued use of myGDX services constitutes your agreement to all such terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

myGDX may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Genova Diagnostics, and Genova Diagnostics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Genova Diagnostics is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Genova Diagnostics responsible if the Linked Site is not working appropriately. Genova Diagnostics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Genova Diagnostics of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of myGDX services, you will not use myGDX services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the myGDX services in any manner which could damage, disable, overburden, or impair any myGDX service(s) (or the network(s) connected to any myGDX service(s)) or interfere with any other party's use and enjoyment of any myGDX service(s). You may not attempt to gain unauthorized access to any myGDX service, other accounts, computer systems or networks connected to any myGDX service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the myGDX services.

MATERIALS PROVIDED TO Genova Diagnostics

Genova Diagnostics does not claim ownership of the materials you provide to Genova Diagnostics (including feedback and suggestions) or post, upload, input or submit to any myGDX service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Genova Diagnostics, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Genova Diagnostics is under no obligation to post or use any Submission you may provide and Genova Diagnostics may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE myGDX SERVICES

All content and software (if any) that is made available to view and/or download in connection with the myGDX services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Genova Diagnostics and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Genova Diagnostics hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular myGDX service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE myGDX SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE myGDX SERVICES AND TO THE INFORMATION THEREIN. GENOVA DIAGNOSTICS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE myGDX SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE myGDX SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

GENOVA DIAGNOSTICS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE myGDX SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GENOVA DIAGNOSTICS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT Genova Diagnostics SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A myGDX SERVICE.

IN NO EVENT SHALL GENOVA DIAGNOSTICS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE myGDX SERVICES, WITH THE DELAY OR INABILITY TO USE THE myGDX SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE myGDX SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE myGDX SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GENOVA DIAGNOSTICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE myGDX SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE myGDX SERVICES.

GENERAL TERMS REGARDING USE AND STORAGE

You agree that Genova Diagnostics may establish limits concerning use of any service offered on a Genova Diagnostics Website, including without limitation, the maximum number of days that messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Genova Diagnostics' servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.

You agree that Genova Diagnostics has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that Genova Diagnostics reserves the right to delete accounts that are inactive for an extended period of time.

GENOVA DIAGNOSTICS MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: webmaster@gdx.net

TERMINATION/ACCESS RESTRICTION

Genova Diagnostics reserves the right, in its sole discretion, to terminate your access to any or all myGDX services and the related services or any portion thereof at any time, without notice.

Genova Diagnostics may also terminate or suspend your access to myGDX services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Genova Diagnostics. Upon termination of the myGDX service, your right to use the myGDX service immediately ceases.

Genova Diagnostics shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

GENERAL

This agreement is governed by the laws of the State of North Carolina, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Buncombe County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the myGDX services. Use of the myGDX services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Genova Diagnostics as a result of this agreement or use of the myGDX services. You agree to indemnify and hold Genova Diagnostics, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the myGDX services. Genova Diagnostics reserves the right to disclose any personal information about you or your use of the myGDX services, including its contents, without your prior permission if Genova Diagnostics has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Genova Diagnostics or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Genova Diagnostics' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Genova Diagnostics' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the myGDX Services or information provided to or gathered by Genova Diagnostics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Genova Diagnostics with respect to the myGDX services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Genova Diagnostics with respect to the myGDX services. A printed version of this agreement and of any notice given in electronic form shall 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.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Genova Diagnostics web sites and myGDX are: Copyright © 1995 - 2005 Genova Diagnostics, Inc. and/or its suppliers, 63 Zillicoa Street, Asheville, NC, U.S.A. All rights reserved.

TRADEMARKS.

Genova Diagnostics, Genovations, and/or other Genova Diagnostics products referenced herein are either trademarks or registered trademarks of Genova Diagnostics. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.