Last updated: May 20, 2016

1. Introduction

These Terms and Conditions (“Terms”) govern your use of this http://sdxmako.com website (the “Site”).  By using the Site, you accept the Terms in full.  Please read the Terms carefully before using http://sdxmako.com and/or using any of the services made available through the Site (the “Service”).  The Site and Service are operated by Gene Tox Worldwide, LLC (d/b/a Scientia Diagnostics) (“Us”, “We”, or “Our”).  Your access to and use of the Site and the Service are conditioned on your acceptance of and compliance with the Terms. By accessing or using the Site and/or the Service you agree to be bound by the Terms.  If you disagree with any part of the Terms then you may not and should not access the Site and/or use the Service.

The Terms apply to all visitors, users and others who access the Site and/or use the Service.

2. License to use the Site.

Unless otherwise stated herein, We and/or Our licensors own the intellectual property rights in the Site and all of the material on and contents of the Site (the “Content”).  Subject to the license below, we reserve all rights to such intellectual property rights.

You may view and download content for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in the Terms.

You shall not:

• Republish any Content (including, without limitation, republication on any other website);
• Sell, rent or sub-license any Content;
• Show or present in public any Content;
• Reproduce, duplicate, copy or otherwise exploit any Content, including for any commercial purpose;
• Edit or otherwise modify any of the Content; or
• Redistribute any Content, except for any Content specifically and expressly made available to you for redistribution.

3. Copyright Ownership.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos and graphics.  All of the Content is copyrighted as a collective work under the United States copyright laws. Unless otherwise expressly stated, We own copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part. Where expressly permitted, you may download copyrighted material for your personal use only, and not for any commercial use. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded Content will be permitted without Our express permission and/or the express permission of any other copyright owner. In the event of any permitted copying, redistribution, retransmission or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights in any of the Content by downloading copyrighted material.

All rights to logos and trademarks used in connection with the Site are owned by Us, or Our parent, subsidiaries or affiliates, except that any third party logos and/or trademarks appearing on the Site are the property of their respective owners.

5. Acceptable Use.

You must not use this Site or any of the Content in any way that causes, or may cause, damage to the Site and/or impairment of the availability of or access to the Site or the Content.  You must not use the Site or the Content in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and/or data harvesting) on or in relation to the Site without Our express written consent.

You must not use the Site to transmit or send unsolicited commercial communications.

You must not use the Site for any purposes related to marketing without Our express written consent.

6. Restricted Access.

Access to certain areas of the Site is restricted.  We reserve the right to restrict access to other areas of the Site and/or the entire Site, at any time and from time to time in Our sole discretion.

If We provide you with a user ID and password to enable you to access restricted areas of the Site or other Content or Services, you must ensure that the user ID and password are kept confidential and are not permitted to be disclosed to or used by any third party.

We may disable your user ID and password at any time and from time to time in Our sole discretion without notice or explanation.

7. Links To Other Web Sites

The Site may contain links to third party websites or services that are not owned or controlled by Us.  We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

8. Refund Policy.

All transactions are final. No refunds will be processed.  In the event of a billing error, please contact Customer Support at (201) 844-9160 within three (3) business days of your receipt of such bill.

9. Delivery Policy.

Services are typically billed in arrears. When advance payment is required, Services will typically be rendered within seven (7) business days of receipt of payment.

10. Pricing Information.

Medical services are billed based on insurance coverage and type of service delivered. Please see your billing statement for an accurate description of your fees.

You agree to defend, indemnify and hold harmless Us, Our parent, Our subsidiaries and affiliates, and Our/their respective directors, officers, employees and agents from and against all claims, losses and expenses, including attorneys’ fees, arising out of the use of the Site and/or Service by you or through your account related to this Site. We reserve the right to take over the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide Us with such cooperation as is reasonably requested by Us.

We may terminate or suspend access to the Site and/or any Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach any of the Terms.

All provisions of the Terms which by their nature should survive termination of your access to the Site and/or the Service, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Breaches of the Terms and Conditions.

Without prejudice to Our other rights under the Terms, if you breach the Terms in any way, We may take such action as We deem appropriate in Our sole discretion to deal with the breach, up to and including suspending or terminating your access to the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing legal proceedings against you.

14. Governing Law.

The Terms shall be governed and construed in accordance with the laws of the United States of America without regard to its conflict of law provisions.

Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between Us and you regarding the Site and the Service, and supersede and replace any prior agreements between Us and you regarding the Site and/or the Service.

15. Changes/Variation.

We reserve the right, in Our sole discretion, to modify or replace all or part of the Terms at any time. If any such modification is material, We will use reasonable efforts to attempt to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in Out sole discretion.  Any such revised Terms will apply to the use of the Site and the Service from the date of the publication of the revised Terms on the Site.

By continuing to access or use the Site and/or the Service after any such revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may no longer use the Site or the Service and shall immediately stop using the Site and the Service.

Please check this page regularly to ensure you are familiar with the current version Terms.

16. Contact Us.

If you have any questions about the Terms, please contact us.