Welcome to www.nexus-dx.com (this “Website”). This Website is owned and operated by Nexus Dx, Inc. (referred to herein as “Nexus,” “we,” “our,” or “us”) to provide information about, among other things, our products.
This Website is not intended to be used to diagnose any medical conditions or recommend treatment, and is not provided as an alternative or substitute for the advice and treatment of a health care professional. PATIENTS SHOULD SEEK THE ADVICE OF A HEALTH CARE PROFESSIONAL FOR DIAGNOSIS AND TREATMENT.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. NEXUS MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING.
YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS WEBSITE.
Subject to these TERMS, we authorize you to view and download information and other materials at or through this Website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Notwithstanding the foregoing, in our sole discretion, we may authorize certain of our distributors and other salespersons to view and download information and other materials at or through this Website for commercial use, subject to the limitations that we may impose.
The information and materials provided on this Website are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to our products and services offered through this Website. Please review all such terms and conditions before you purchase any of our products.
Copyrights and Trademarks
Except as otherwise indicated, all materials on this Website are the property of Nexus and/or its affiliates or licensors, and are protected by international copyright and trademark laws. You may use materials obtained from this Website for the permitted purposes set forth in these TERMS.
Disclaimer of Warranties
ALL INFORMATION, PRODUCTS, CONTENT AND OTHER MATERIALS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, SEQUENCE, QUALITY, ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION, PRODUCTS, CONTENT AND OTHER MATERIALS CONTAINED ON THIS WEBSITE. WE MAKE REASONABLE EFFORTS TO ENSURE THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE ACCURATE AND UP-TO-DATE, HOWEVER THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL IN RESPECT OF THIS WEBSITE OR THE USE THEREOF. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
THE CONTENTS OF THIS WEBSITE AND ANY COMMUNICATIONS SENT TO YOU VIA THIS WEBSITE OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF NEWSLETTERS, ELECTRONIC MAIL OR VIA TELEPHONE) ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO PROVIDE LEGAL, INVESTMENT, TAX OR ACCOUNTING ADVICE AND SHOULD NOT BE RELIED UPON IN THAT REGARD.
IF YOU ARE IN A STATE THAT DOES NOT ALLOW A DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER, OR A PORTION OF IT, MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS WEBSITE OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION OF LIABILITY, OR A PORTION OF IT, MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Nexus, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Website or your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
These TERMS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. If any dispute relating in any way to these TERMS, or your use of this Website, shall be submitted to confidential arbitration in San Diego County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these TERMS shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these TERMS shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You may not assign or transfer these Terms, in whole or in part, without our prior written consent.
Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign these TERMS freely at any time without notice.
Subject to the foregoing, these TERMS will bind and inure to the benefit of each party’s permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral. These TERMS state the entire agreement with regard to the items discussed above.