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Terms of Use

These Terms of Use (this “Agreement”) govern the use of our Website, which is operated by NOWDiagnostics, Inc., a Delaware corporation (“NowDX”). Throughout the Website, the terms “We,” “Us,” and “Our” refer to NowDX. This Agreement is a binding Agreement between (i) Us and anyone that We authorize to provide the Website to you, and (ii) you as the individual end user of the Website. 

By visiting, accessing, or using this Website, you agree and acknowledge that you accept the terms of this Agreement, and any conditions that are contained herein and in the Website Privacy Policy https://firsttoknow.com/privacy-policy, without any modifications other than modifications made by Us in accordance with the terms of this Agreement. The Privacy Policy is specifically incorporated into, and is a material term of, this Agreement. The Privacy Policy explains how We collect, process, maintain and secure data from Website users, how We intend to use the data that We collect, process or maintain, and how We share that data with any affiliates, third-parties or anyone else. Please read both this Agreement and the Privacy Policy carefully. If you do not agree to the terms set forth in this Agreement, do not access or use this Website.

This Agreement is subject to revision from time to time. Your continued use of the Website means that you agree to this Agreement and any revisions that We make from time to time. The revisions that We make are the only modifications that will apply to or affect this Agreement. You are not permitted to make any modifications to this Agreement.

We reserve the right, at our sole discretion, to deny access to any person who has violated this Agreement. Your rights under this Agreement shall terminate if you fail to comply with any of the below terms and provisions. This Agreement is effective until terminated by Us.

Minors

You agree, represent and warrant that you are at least eighteen (18) years of age and are capable of entering into and performing obligations under legal agreements. If you are under the age of eighteen (18), you can only access or use this Website with the consent of a parent or legal guardian. If you are under the age of thirteen (13), you cannot access or use this Website.

Hyperlinks to Third-Party Sites

The Website may include hyperlinks that will take you to other websites. The use of hyperlinks to access other websites is your responsibility, and is at your own risk. We are not responsible in any way for the content of other websites, whether or not they are related to, or linked from, our Website. You acknowledge and agree that, whether or not any of those websites are affiliated in any way with Us, We are not responsible for the accuracy, compliance with intellectual property laws and regulations, legality, decency, or any other aspect of the content or information on any other websites. Our inclusion of hyperlinks to other websites on Our Website does not in any way imply that We endorse those other websites, or that We are associated with the operators of those other websites.

You are not permitted to link to our Website from any third-party site. 

Your Use of Our Website

Any material published on the Website, including any text, photos, graphics, audio or video clips, trademarks, service marks, and other content (“Content”) is copyrighted by NowDX, or by other information providers who have licensed their content for Our use. You may not reproduce, download, republish or redistribute any of Our Content or any of our Licensor’s Content or any portions thereof without Our written consent. 

By permitting you to use the Website, We grant you a limited license to access the Website solely for your commercial use. You do not own any of the Content on our Website.

You acknowledge and expressly agree that you will not copy, misappropriate or in any way infringe upon the intellectual property rights of NowDX or our licensors in connection with the Content. You further acknowledge and agree that you will cooperate promptly with any request from Us related to any investigation related to infringement of intellectual property regarding the Content.

Prohibited Uses 

By visiting and using this Website, you expressly acknowledge and agree that:

  • You will not use the Website for any unlawful purpose, or otherwise fail to comply with any applicable domestic or international laws, regulations, statutes or ordinances;
  • You will not use the Website to upload, post, e-mail or transmit any content that infringes upon the intellectual property rights of anyone else; 
  • You will not use the Website to provide any information to Us or anyone else that is false, misleading or inaccurate;
  • You will not use the Website to upload, post, e-mail or transmit any content or information that is harmful to minors in any way, or is otherwise harmful, harassing, threatening, abusive, vulgar, sexual in nature, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable or illegal; 
  • You will not use the Website to spread any information or content that violates the law, ethical standards, proper practices, the rights to privacy, or that encourages the commission of illegal or criminal conduct; 
  • You will not use the Website to upload, post, e-mail or transmit SPAM, commercial advertisements, telemarketing, or any other form of commercial solicitation;
  • You will not use the Website to otherwise interfere with any other person’s use of the Website;
  • You will not modify, translate, adapt, decompile, reverse engineer or disassemble any software programs that we use on the Website in connection with the Website;
  • You will not use any data or content from the Website to develop any software program, including but not limited to, training machine learning or an artificial intelligence (AI) system;
  • You will not use the Website in any way to launch spiders, robots, crawlers, service, malicious code, tools, manual or automatic devices, or any other product or process used to data mine, scrape, access, monitor, download, copy data or content or introduce malicious code; 
  • You will not introduce into the Website in any way spiders, robots, crawlers, service, malicious code, tools, manual or automatic devices, or any other product or process used to data mine, scrape, access, monitor, download, copy data or content or malicious code; 
  • You will not take any action that, in Our sole discretion, may interfere or attempt to interfere with the proper operation of the Website, or that disrupts or diminishes the quality of, interferes with or impairs the performance of the Website; 
  • You will not misrepresent your identity or impersonate any other users of the Website; and
  • You will not hold yourself out as sponsored by, or endorsed in any way, by NowDX or the Website.

DISCLAIMER

We do not warrant or guarantee the accuracy or completeness of any information on the Website. We do not warrant or guarantee that the Website will be free of defects. We will not be liable in any way to you or anyone else for any delays, inaccuracies, errors, omissions or defects in the material on our Website.

While we take reasonable measures to prevent viruses, worms, malicious code, Trojan horses or other destructive elements, you assume all the risk as to your use of the Website, and the quality and performance of the Website.

OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES RELATING TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF OUR CONTENT OR ANY OTHER INFORMATION AVAILABLE ON OUR WEBSITE OR OUR PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LINKS TO OTHER WEBSITES OR RESOURCES OF OUR AFFILIATES OR THIRD PARTIES.

Limitation of Liability

Under no circumstances and in no event shall NowDX or Our parents or affiliates, be liable to you for any (i) incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information) arising out of the use of or inability to use the Website, or any information or services that We provide on the Website, even if we have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies on the Website. WHERE NOT PROHIBITED BY LAW, IN NO EVENT WILL NOWDX OR OUR PARENTS OR AFFILIATES, BE RESPONSIBLE OR LIABLE TO YOU IN CONNECTION IN ANY WAY, INDIRECTLY OR DIRECTLY, WITH THIS WEBSITE, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, FOR MORE THAN $100 (ONE HUNDRED DOLLARS). WE SHALL HAVE NO LIABILITY WHATSOEVER ASSOCIATED WITH OR ARISING OUT OF YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, OR UP-TO-DATE INFORMATION, INCLUDING AND WITHOUT LIMITATION, YOUR FAILURE TO RECEIVE INFORMATION FROM US. NEITHER WE NOR OUR PARENTS OR AFFILIATES SHALL BE RESPONSIBLE FOR VERIFYING THE INFORMATION THAT YOU PROVIDE TO US.

Indemnity

When you use this Website, you acknowledge and agree that you will defend, indemnify and hold harmless NowDX and Our parents, subsidiaries and affiliates, from (i) your use of and access to the Website, (ii) your violation of this Agreement, and (iii) your violation of any third party’s rights related to the Content, including but not limited to intellectual property rights. These defense and indemnification obligations survive your access to and use of the Website. 

MISCELLANEOUS

Termination. We may terminate this Agreement, your account with Us, or your access to the Website or our other products and services at any time and for any reason whatsoever, with or without notice to you. 

Jurisdiction and Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Arkansas and the United States of America, as they are applied to any agreements entered into, and to be performed entirely within, Arkansas. Any action you or We may bring to enforce the terms of this Agreement, or in connection with any matters related to the Website or our other products and services shall be brought only within the federal or state courts located in Benton/Washington County, Arkansas, United States of America, applying Arkansas law.  

Severability. Should any portions of this Agreement be found to conflict with applicable governing laws, any such provision shall be excised, while other terms and conditions included here in this Agreement shall remain in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any other reason unenforceable, that provision shall be excised or severed from this Agreement, without affecting the validity and enforceability of the rest of this Agreement.

Non-Waiver. Our failure to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of those rights or provisions. 

Complete Agreement. This Agreement, including the Privacy Policy, represents the complete agreement concerning the subject matter between you and NowDX, and supersedes all prior and contemporaneous agreements and understandings between you and NowDX, whether in writing or orally. 

Contact Information

If you have any questions regarding the Website or our other products and services, or this Agreement, including the Privacy Policy, please direct questions to: NOW Diagnostics Customer Service at [email protected] 1200 Stewart Place, Springdale, AR 72764.