Please read the following terms of use carefully before using www.accesahealth.com (the “Site” or “SITE”). If you do not agree to these terms, you may not use the Site, any services offered through the Site or any materials as defined below.
The Terms of Use set forth below, together with the Site’s Privacy Policy, hereby incorporated by reference into this Terms of Use in its entirety, form the Terms of Use (“Terms”) for the Site. By using the Site, you signify your agreement to these Terms and acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged, including your use of the Site.
When you are on the Site, there may be links to other sites that take you outside of our service to sites that are beyond our control. You acknowledge that when you click on any of these links, the sites you are taken to are not controlled by this Site and that we are not responsible for information, services rendered, or any other aspects of your interaction with such sites.
In addition, this Site does not endorse and cannot ensure that you will be satisfied with any products or services offered by a third-party in connection with the Site. This Site does not control and is not responsible for the acts, omissions, statements and/or other conduct of any testing facility or medical professional. You are solely responsible for making whatever investigation you feel necessary or appropriate with your medical professional before communicating with any third party or proceeding with any testing with a third party, including determining the actual quality and necessity of any testing procedures.
In addition, you acknowledge and understand that this Site does not replace the services of licensed healthcare professionals and that all Site users should consult with a licensed healthcare provider regarding their health concerns, questions, signs or symptoms.
Limited Purpose
If, and only if, you agree to, and are in full compliance with, the Terms, the Site authorizes you to view and access a single copy of the publicly available pages on the Site solely for your personal use. Any other use, duplication, distribution or other exploitation of the Site, the services offered through the Site, the Materials or any portion thereof by any user is strictly prohibited. Without limiting the foregoing, in no event may any user directly or indirectly:
(1) Republish, post, upload, frame, retransmit, redistribute, modify, remove any intellectual property or similar notices or otherwise reproduce the Site, the services offered through the Site or any Materials in any format to anyone in any way (other than the download to your personal computer that is inherent in viewing a web page);
(2) access, attempt to access, or obtain any information regarding other users;
(3) allow anyone else to use or access your name, account or password, if any;
(4) use any robot, spider or other data mining or other automatic device, program, or similar process or means to access, acquire, copy or monitor the Site, another user, the Materials or any portion thereof, or in any way circumvent the navigational structure or presentation of the Site or any Materials;
(5) breach or attempt to breach the security or authentication measures on the Site or any network or database connected to the Site;
(6) collect any information related to any Site users or other Material from the Site for the benefit of any other entity or person or share this information with any other person or entity;
(7) decompile, reverse engineer, disassemble or otherwise reduce any software code for the Site to a human-readable form;
(8) make any automated high-volume or other use of the Site for re-mailing, spamming or other purposes;
(9) use the Site, the services offered through the Site or the Material in violation of any applicable law, rule or regulation;
(10) use the Site for any purpose other than to utilize the intended test ordering services offer through the Site;
(11) submit any data, content or other material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site, the Materials or any connected network or database, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
(12) submit any data, content or other material in violation of any applicable law or regulation, that violates or infringes upon the patent, trademark, copyright, trade secret, privacy, publicity or other rights of any third party;
(13) submit any data, content or other material that is false, misleading, deceptive, defamatory, obscene, indecent, threatening, abusive, offensive, harassing, or hateful; or
(14) pretend to be another person or entity or misrepresent your identity, sponsorship, or affiliation with any such third party, including using a third party’s username, password, personally identifiable or other account information.
We cannot and do not assure that other users are complying or will continue to comply with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and the Site, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
In addition, we do not want, accept and/or consider any suggestions, inventions, modifications, improvements, concepts, ideas or other information regarding the Site, the Materials or the services offered through the Site (Ideas). If you send us any such unsolicited Idea by any means, however, you hereby agree that the Site has no obligation to protect or keep the idea confidential for you or any other person or entity, that the Idea and all intellectual property and other rights in and to the Idea shall be the sole and exclusive property of Site and that Site shall have the unlimited and unrestricted right to use, develop and otherwise exploit the Idea in all forms, formats, manners and forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation and/or approval to or from you or any other person or entity.
Protected Materials
All of the text, information, trademarks, trade dress, features, images, displays, content, functions, processes, software, the compilation of the Site and other materials that make up or are contained on the Site (Material) is the proprietary intellectual property of Site. Except for the revocable and limited access right discussed below, Site expressly reserves all intellectual property and other rights in and to the Materials, the Site and the services offered through the Site.
Site Changes and Operation We reserve the right to discontinue, change and/or modify the Site, the services offered through the Site and the Materials at any time, in any way, for any or no reason.
Indemnification
You hereby agree to indemnify, defend, and hold Site and our licensors and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the Indemnified Parties) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site, the services offered through the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. Site reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SITE OR OUR LICENSORS OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES OFFERED THROUGH THE SITE OR THE MATERIALS, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $1 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL SITE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS REASONABLE CONTROL. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Disputes, Arbitration and Venue
This Site is not intended for viewing and use outside the United States and Site makes no representation that the Site, the services offered through the Site or Material on the Site is appropriate or available for use in any particular location within the United States. Your use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than California. If you choose to access and use the Site and related services you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.
Any controversy, claim or dispute arising out of or relating in any way to your use of this Site, any Site services, any purchases made through this Site, or your account, if any (collectively a Claim), shall be governed by the laws of the your home state of residence without respect to its choice (or conflict) of laws rules.
Both you and Site waive the right to bring any Claim as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such Claim brought by anyone else. In addition, you and Site agree that any Claim shall be resolved by final and binding arbitration at the American Arbitration Association and waives any right to have a Claim tried by a jury.
The arbitration of all Claims shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association in effect at the time of the Claim. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. The arbitrator shall determine any and all challenges to the arbitrability of a claim. A judgment on the award of any court of competent jurisdiction may be entered upon the award.
Entire Agreement
These Terms (including the Privacy Policy) constitute the entire agreement between you and Site related to the matters set forth herein. At any time, Site may amend these Terms (including by modification, deletion and/or addition of any portion thereof). If Site makes a material amendment to these Terms, we will notify you of such amendment by posting notice of such amendment on the Site. Any amendment to these Terms will be effective upon the posting of the modified terms of use on the Site.
General
These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. In these Terms, the word including is used illustratively, as if followed by the words but not limited to.