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Terms and conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

They contain important information regarding your legal rights and remedies including information about future changes to these terms of use, limitations of liability and class action waiver.

1. Terms of Use:

These Terms of Use ("Terms of Use") set forth the terms and conditions of your use of the websites (collectively, the "Site") of Biocartis and the Content and services found at the Site (individually and collectively, the "Services"). Your access to and use of the Site and the Services is conditioned on your acceptance of and compliance with these Terms of Use. By accessing or using the Site and the Services, you agree to be bound by these Terms of Use.

2. Definitions

"Applicable Law" in relation to any person, action or thing means the following in relation to that person, action or thing:

  • Any law, rule or regulation of any country (or political sub-division of a country);
  • Any obligation under any license in any country (or political sub-division of a country); and
  • Any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

"Content" includes things that you may see, read, hear, download or access on or via the Site (including but not limited to text, graphics, designs, information, messages, written, files, data, software, images, photographs, illustrations, and other materials).

“Intellectual Property Rights” means patents, trademarks, design and model rights, applications for any of the foregoing, copyright, know-how, trade or business names and other similar rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, whether capable of registration or not.

“Biocartis”, "We" or "us" means Biocartis US Inc. and its subsidiaries and/or affiliates

3. Use of the Site and Services, License Grant and Restrictions

You may use the Site and Services only if you can form a binding contract with Biocartis, and only in compliance with these Terms of Use and all Applicable Laws. Any use or access to the Site or Services by anyone under 13 is strictly prohibited and in violation of these Terms of Use.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site and Services as they are provided to you. Biocartis reserves all rights not expressly granted herein in the Site and Services (excluding Content provided by users). Biocartis may terminate this license at any time for any reason or no reason. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any Intellectual Property Right, except as expressly provided herein. If you want to make commercial use of the Site or any of the Services, you must enter into a separate written agreement with us in advance.

You may not do any of the following while accessing or using the Site or Services:

  • access, tamper with, or use non-public areas of the Site, Biocartis’s computer systems, or the technical delivery systems of Biocartis’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Site by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Biocartis (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Biocartis;
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site;
  • use the Site for any unlawful purpose or for promotion of illegal activities;
  • post any Content or use the Site in violation of any Applicable Law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation (including any laws of a non-U.S. jurisdiction applicable to you);
  • post Content that is hateful, abusive, threatening, profane, misleading, or otherwise objectionable;
  • market, rent or lease the Site or Services for a fee or charge, or use the Site to advertise or perform any commercial solicitation;
  • publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
  • use the Site for the purpose of spamming anyone;
  • publish or link to malicious Content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;

modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Site, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Site or any portion thereof;

  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • represent that you are the owner of any part of the Site, including any of its individual files, drawings or documentation;
  • remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Site;
  • incorporate the Site or any portion thereof into any other program or product; or
  • use the Site for any purpose other than in accordance with the terms and conditions of these Terms of Use.

4. Registration

You may be required to register with us in order to access certain parts of the Site ("Sub-Portal"). Persons registering with us must be 18 years or older. Where you are required to register:

  • You must provide us with accurate, complete and current registration information;
  • You must safeguard any username and password which we provide to you; and
  • You authorize us to assume that any person using the Site with your user name and password is either you or authorized to act for you.
  • You acknowledge that your use of some Sub-Portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions: ​
    • Will prevail over these Terms of Use to the extent of any inconsistency.​
    • Will apply to your use of such Sub-Portal in addition to these Terms of Use; and

We reserve the right to revoke or prohibit your registration for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or our Privacy Policy.

5. Modification and discontinuation of the Site

You acknowledge that we may, in our sole discretion and with or without notice, modify or discontinue the Site and Services, any part of the Site and Services, to you or to users generally.

6. Proprietary Rights

All right, title, and interest in and to the Site and the Services (excluding Content provided by users) are and will remain the exclusive property of Biocartis and its licensors. The Site and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Unless you are expressly authorized by Applicable Law or by us you agree not to (and to not permit any other person to):

  • Sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
  • use any Content on any other website or in a networked computer environment for any purpose; or
  • otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content. You may not copy any portion of the Site or Services except as expressly permitted by the Site (e.g., “share” features). Nothing in these Terms of Use gives you a right to use the Biocartis name or any of Biocartis’s trademarks, logos, domain names, and other distinctive brand features.

7. User Content

Some areas of the Site may allow you to post Content, such as comments. You retain ownership of all Content you submit, post, display, or otherwise make available on the Site.

By submitting, posting or displaying Content on or through the Site, you grant us a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such Content in any and all media or distribution methods (now known or later developed).

We may not monitor or control the Content posted via the Site. Any use or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Biocartis be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, and that our use of your Content in accordance with these Terms of Use will not violate any law or infringe the rights of any third party.

We reserve the right at all times (but will not have an obligation) to remove any Content on the Site and to terminate users. We also reserve the right to access, read, preserve, and disclose any Content as we reasonably believe is necessary to (i) satisfy any Applicable Law or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Biocartis, its users and the public.

8. Copyright Policy

Biocartis will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the DMCA: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If we remove or disable access to any Content on the Site in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or Content. If you feel that your Content does not constitute infringement, you may provide us with a counter notification by written communication to our designated copyright agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.

Our designated copyright agent to receive notifications and counter notifications of alleged copyright infringement appearing on the Site is:

Biocartis US Inc.
Attn: Copyright Agent
2 Pierce Place Suite 1510
Itasca, IL 60143

Email: [email protected]

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. We will terminate a user’s account if the user is determined to be a repeat infringer. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

9. Privacy

Biocartis values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Site.

10. Third-Party Links

The Site may contain hyperlinks to web services operated by persons or entities other than Biocartis (“Third-Party Services”). We provide such links for your reference and convenience only. A link from the Site to a Third-Party Service does not imply or mean that we endorse the Content on that Third-Party Service or the operator or operations of that Third-Party Service. You are solely responsible for determining the extent to which you use any Content at any Third-Party Services to which you might link from our Site. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY SERVICE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY SERVICE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

11. Disclaimers; Indemnification

Your access to and use of the Site and Services is at your own risk. You understand and agree that the Site and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the fullest extent permitted by Applicable Law, BIOCARTIS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Services. Biocartis will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any Services. You also agree that Biocartis has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site. We make no warranty that the Site or any Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Biocartis or through the Site, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIOCARTIS AND ITS AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE AND SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BIOCARTIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

You agree to defend, indemnify and hold harmless Biocartis and its affiliates, licensees and licensors, and their employees, contractors, agents, officers, members, managers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Site and Services, including any data or Content transmitted or received by you; or

  2. your violation of any provision of these Terms of Use.

12. Disputes

Any dispute or claim relating in any way to your use of the Site and Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including, without limitation, injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would. Arbitration is more informal than a lawsuit in court, and allows for more limited discovery than in court.

To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Biocartis US Inc.,2 Pierce Place Suite 1510, Itasca, IL 60143, Attention: General Manager. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator will decide all issues, including, without limitation, issues relating to the scope and enforceability of this arbitration agreement. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

13. International Access

The Site and Services may be accessed from countries other than the United States. We control and operate the Site and Services from offices located in the United States [and all servers that make it available reside in the United States]. We make no representations or warranties that the Site or Services are appropriate for use or access in other locations. If you access and use the Site or Services outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.

14. Termination

  • Where you are required to register with us, you may cancel such registration at any time by notifying us at [email protected].

  • These Terms of Use are effective unless and until terminated as expressly provided herein. We may terminate these Terms of Use at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to the Site and the Services, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of these Terms of Use shall not act as a waiver of any breach of these Terms of Use and shall not release you from any liability for breach of your obligations under these Terms of Use

15. General Terms

These Terms of Use and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Use and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).

Nothing contained in these Terms of Use shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.

These Terms of Use is the entire and exclusive agreement between Biocartis and you regarding the Site and Services, and these Terms of Use supersede and replace any prior agreements between Biocartis and you regarding the Site and Services. The failure of Biocartis to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Biocartis may provide notices to you via email, written or hard copy notice, or through posting on the Site, as determined by Biocartis in our sole discretion. Biocartis reserves the right to determine the form and means of providing notice to our users, provided that you may opt out of certain means of notice as described in these Terms of Use.

We may revise these Terms of Use from time to time. The most current version will always be on this page. If in our sole discretion the revision is material, we will notify you as provided in these Terms of Use at least seven days before the revisions become effective. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Use. Prior to each usage of the Site and Services, you should review this page to determine the current Terms of Use to which you are bound. If the modified Terms of Use is not acceptable to you, your only recourse is to cease using the Site and Services.

The Site is operated and provided by Biocartis US Inc.,2 Pierce Place Suite 1510, Itasca, IL 60143. If you have questions about these Terms of Use, please contact us at [email protected].