fbpx
Select Page

VIDACHECK WEBSITE TERMS OF USE

Last updated: May 01, 2020

 

Agreement to Terms of Use:

These Terms of Use (“Terms of Use”) apply to the VidaCheck, LLC (“VidaCheck”) website located at www.vidacheck.com, as well as any other related websites of VidaCheck or its affiliates (collectively, the “Website”). These Terms of Use apply to all Website visitors. In addition to these Terms of Use, if you are using an online service  (“Online Service”) provided by VidaCheck or its affiliate, Quansys Biosciences, Inc. (“VidaCheck”) in connection with serological antibody testing or other products or services provided by us, you must also agree to the Terms of Service for that Online Service. In these Terms of Use, “we” and “our” refer to both VidaCheck and Quansys.

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE OR THE ONLINE SERVICE. Please read these Terms of Use carefully. We reserve the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by us. It is your responsibility to refer back to this page from time to time for any such updates or changes.

Subject to your compliance with these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use the Website and its contents. The Website provides information and certain services related to our products and services.

Privacy:

The Website provides information to individuals and businesses and supports the Online Service. To operate the Website and Online Service as intended, we collect and process personal information and data. Please refer to our Privacy Policy and Notice of Privacy Practices, which are incorporated into these Terms of Use, and which inform Website users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. However, you understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that we cannot ensure or warrant the security of any information transmitted to us.

No Medical Care Provided:

THE SEROLOGICAL ANTIBODY TEST KITS (“KITS”) AND TESTING SERVICES AND THE INFORMATION PROVIDED THROUGH OUR WEBSITES AND ONLINE SERVICE AND IN ANY OTHER COMMUNICATIONS FROM US ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF INFORMATION YOU MAY HAVE READ OR SEEN IN THE KIT OR ON OUR WEBSITE OR ONLINE SERVICE. DO NOT USE OUR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY..

Your Service Account:

Some services provided by us will require you to set up an account with VidaCheck, such as using the Kits and the Online Service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computers or devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account of which you become aware. You agree that we is not responsible for third party access to your account that results from theft or misappropriation of your account. You may not allow another person to use your account, or assign or transfer your account to any other person or entity, without our prior written consent.

Your Warranties and Restrictions on Use of Website and Quansys Materials:

As a condition of your use of the Website and any services or materials provided to you by us, including Kits and the Online Service and their contents, and all other products and written or electronic content of VidaCheck and Quansys (collectively, the “Quansys Materials”), you warrant to us that you will not use any of these Quansys Materials for any purpose that is unlawful or that is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree that:

  • You will not use the Website or Online Service in any manner which could damage, disable, overburden, or impair them or interfere with any other party’s use and enjoyment of the Website or Online Service.
  • You will not copy (except as otherwise expressly permitted herein) any part of the Kit, Website Content, or other Quansys Materials. You may not resell the Kit or our Services to third parties without our written authorization.
  • You will not upload or introduce to the Website or Online Service any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • You will not obtain or attempt to obtain any materials or information on or through the Website or Online Service through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining, or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Online Service or Website, the server on which they are stored, or any server, computer or database connected to the Website or Online Service.
  • You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor the Website or Online Service or any of their contents, or attack the Website or Online Service via a denial-of-service attack or a distributed denial-of-service attack.
  • You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website, Online Service or other Quansys Materials other than for their authorized purposes.
  • You will use Quansys Materials solely for your own personal use and/or for your children or dependents as authorized, unless you’ve obtained the prior express written permission of VidaCheck. This includes creating any Service Accounts by automated means, under false or fraudulent pretenses, or for any third parties unless you are specifically unauthorized to do so.
  • You will not delete or alter any proprietary rights or attribution notices in any Quansys Materials.
  • You agree that you do not acquire any ownership rights in any Quansys Materials. We do not grant you any licenses, express or implied, to any Website content or other Quansys Materials except as expressly provided in these Terms of Use, in connection with such content or materials, or as contained in a binding contract between you and Quansys.

Indemnification:

You will indemnify and hold harmless Quansys and our affiliates, officers, agents, employees, customers, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your misuse of the Website or Quansys Materials, or your violation of these Terms of Use, unless such claim, loss or damage arises solely out of Quansys’s or its employees’ or agents’ negligence or wrongdoing.

Third Party Linked Sites and Services:

The Website and Online Service may provide links to websites of third parties (“Linked Sites”) for the purposes of providing certain services or information. Such Linked Sites may include service provider’s websites, social media, credit card processing, and seminar/webinar registration sites, as well as links contained in advertisements, including banner advertisements and sponsored links, and any links provided as automated search results. The Linked Sites are not operated or controlled by Quansys, and Quansys is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Quansys is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Quansys of the site or any association with the owners or operators of the Linked Site. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that Quansys is not responsible or liable for the content or accuracy of any other website.

Your personal data and information may be shared with the third parties who provide services to Quansys and our customers, including Linked Sites (for example, credit card processors), where permitted by law, subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.

Linking to the Website

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent. The website from which you are linking must not contain any false, misleading, defamatory, infringing, illegal, obscene, offensive, harassing, violent, inflammatory or otherwise objectionable material. We reserve the right to withdraw linking permission without notice.

Ownership:

All Quansys Materials, including articles, videos, text, software, graphics, logos and images (“Quansys Materials”), are the property of Quansys or its affiliates, customers, suppliers or licensors. All Quansys Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any Quansys Materials.

Your personal information and data remain your property, subject to the rights of use contained in the Privacy Policy. If you provide any suggestions, ideas or feedback to Quansys (“Feedback”), Quansys shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Quansys’s software, products and services.

Disclaimer of Warranties:

EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN QUANSYS AND YOU OR YOUR ORGANIZATION IN A SEPARATE CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL QUANSYS MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND QUANSYS AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. QUANSYS DOES NOT WARRANT THAT THE WEBSITE, QUANSYS MATERIALS OR ITS SERVICES ARE ERROR-FREE. YOU AGREE THAT QUANSYS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION OR MARKETING MATERIALS OF SERVICE PROVIDERS THAT MAY APPEAR ON THE WEBSITE OR IN THE ONLINE SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUANSYS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY QUANSYS, IN NO EVENT SHALL QUANSYS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE WEBSITE, THE ONLINE SERVICE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE, ONLINE SERVICE OR OTHER QUANSYS MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QUANSYS OR ITS LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND ONLINE SERVICE.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.

Copyright Infringement and Takedown Notices:

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website or other VidaCheck Materials are infringing, please notify us and provide a description of the material that you believe is infringing and your contact information. We will respond to such notices, consistent with the Digital Millennium Copyright Act (“DCMA”) and other applicable laws. We may request additional information before we remove or revise allegedly infringing material. It is VidaCheck’s policy to remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by us or any of our advertisers, affiliates, content providers or users. Our designated agent to receive any notification under this section is:

Quansys Biosciences, Inc.
Attn: DCMA Copyright Notice
365 N 600 W
Logan UT, 84321       
E-mail: ________@quansysbio.com           

Trademarks:

The trade names, service marks and logos of Quansys and its affiliates, including the following:

 

 

 

and all related names, logos, product and service names, designs and slogans of Quansys and VidaCheck (“Trademarks”) are registered or unregistered trademarks and service marks of Quansys, VidaCheck and their affiliates. All other trademarks on the Online Service or Website are the trademarks of their respective owners. Our use of a third party’s trademark or content on this Website does not indicate any endorsement by us of such third party or its products or services. You are not granted any right or license to use our Trademarks or others’ trademarks that appear on this Website, other than for authorized business purposes.

International Users:

The Website is controlled, operated and administered by Quansys from our offices within the USA. If you access the Website from a location outside the USA, you are solely responsible for compliance with all local laws.

General Terms:

These Terms of Use are governed by the laws of the State of Utah, without regard to any conflicts of laws provisions. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

Our provision of the Website and other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Quansys’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.

If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

These Terms of Use, together with the Privacy Policy and, if applicable, the Terms of Service for the Online Service, constitute the entire agreement between you and us with respect to the Website and its contents, including the Online Service, and supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Quansys with respect to the Website. If you or your organization have entered into a separate written contract with us regarding the Online Service, such as the End User Terms of Service, that contract will have priority over these Terms of Use in the event of a conflict.

Our failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and us will not be deemed to modify any provision of these Terms of Use. Except as otherwise stated at the beginning of these Terms of Use, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Quansys.

You agree to receive all notices and communications from us regarding the Online Service by electronic means, which include email and notices posted on the Website or in the portal to the Online Service. Such electronic communications may include, but are not limited to, notices of scheduled downtime, notices or disclosures that federal or state laws or regulations require that we provide to our customers, and any other communications regarding your relationship with us. You acknowledge that you are able to retain such electronic communications by printing them or downloading and saving them. You agree that such electronic notices are reasonable and proper notice for the purpose of any applicable laws and regulations, including that communications be provided in writing and/or in a form that you may keep.

Quansys Contact Information:

You may send us notices, questions or comments regarding these Terms of Use at the following:

Quansys Biosciences, Inc.

2100 W Pleasant Grove Blvd., Suite 400

Pleasant Grove, UT 84062

Attention: Legal