Terms of Sale

This website/mobile application (“KinesisDx Site”) is owned and operated by KinesisDx, Inc. (“KinesisDx” or “we”). When you use this KinesisDx Site, you accept these Terms and Conditions. We may modify these Terms and Conditions from time to time. By continuing to use any KinesisDx Site after we post any such modifications, you accept the modified Terms and Conditions.This website/mobile application (“KinesisDx Site”) is owned and operated by KinesisDx, Inc. (“KinesisDx” or “we”). When you use this KinesisDx Site, you accept these Terms and Conditions. We may modify these Terms and Conditions from time to time. By continuing to use any KinesisDx Site after we post any such modifications, you accept the modified Terms and Conditions.

USE OF KinesisDx SITES:

You certify that the information you provide on this KinesisDx Site is accurate and complete. You may not engage in the following activities on any KinesisDx Site:

  • Violating or attempting to violate the security of the KinesisDx Site;
  • Using any device, software, routine, or other mechanism to interfere or attempt to interfere with the proper working of any KinesisDx Site;
  • Using or attempting to use any engine, software, tool, agent, other device or mechanism other than the search mechanism(s) provided by KinesisDx or authorized third party web browsers to navigate or search the KinesisDx Sites; or
  • Using or attempting to use any engine, software, tool, agent, other device or mechanism to download KinesisDx product catalog.

You are responsible for (a) maintaining the confidentiality of your account/password, and (b) all activities that occur under your account/password, whether or not you authorize such activities. If you become aware of any unauthorized use of your account/password, you agree to notify KinesisDx immediately.

Any unauthorized use of the KinesisDx Site will terminate the permission or license granted by these Terms and Conditions, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications laws and rules. All violators will be prosecuted to the fullest extent of the law.

KinesisDx may restrict or terminate your account for any reason, in our sole discretion. We may also change, restrict access to, suspend, or discontinue this KinesisDx Site, or any portion of any KinesisDx Site, at any time without advance notice.

CONTENT SUBMISSION:

KinesisDx may allow users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the KinesisDx Sites (“Content”). By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old; and (3) use of any Content you supply will not violate these Terms and Conditions and will not cause injury to any person or entity.

A. License Grant for Submitted Content

If you submit any Content to any KinesisDx Site, you automatically grant, or warrant that the owner of such content has expressly granted KinesisDx a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Content in any medium now known or hereafter developed. You must not submit any Content to KinesisDx that you do not wish to license to KinesisDx in this manner. KinesisDx is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant KinesisDx the right to use the name that you submit in connection with any Content.

B. Prohibited Content

The following types of Content are prohibited on this KinesisDx Site:

  1. deceptive, false, or misleading information;
  2. confidential identifiable information about yourself or others;
  3. violates any local, state, federal, or international laws;
  4. infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
  5. unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by KinesisDx in its sole discretion;
  6. advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from KinesisDx;
  7. chain letters or pyramid schemes;
  8. impersonates another business, person or entity, including KinesisDx, its related entities, employees and agents;
  9. viruses or other harmful computer code;
  10. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  11. Content for which you were compensated or granted any compensation by any third party unless authorized by KinesisDx in writing in advance; or
  12. interferes with the use of the KinesisDx Site by others.

You understand that KinesisDx shall have the right, but not the obligation, to monitor the Content of the KinesisDx Site to determine compliance with these Terms and Conditions and any other operating rules that may be established by KinesisDx from time to time. KinesisDx shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted to or posted on the KinesisDx Site for any reason, including violation of these Terms and Conditions, whether for legal or other reasons. Notwithstanding this right of KinesisDx, you are solely responsible for any Content you submit and you agree to indemnify KinesisDx and its affiliates for all claims resulting from any Content you submit.

ORDERS, BILLING AND PRICING:

For information on how to place an order, please visit the Ordering page under the “Contact Us” tab. When you place an order with KinesisDx, you agree to comply with our Product Terms of Sale at our Privacy Policy at Pricing errors may occur on the KinesisDx Site. KinesisDx reserves the right to correct pricing errors at any time.  KinesisDx may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

INFORMATION PROVIDED ON THE KinesisDx SITE:

KinesisDx and its website visitors may post a variety of material on this KinesisDx Site including without limitation, merchandise information, product descriptions, reviews, and comments, (collectively, “Materials”). The Materials that appear on this KinesisDx Site are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on any KinesisDx Site, you should confirm any facts that are important to your decision. KinesisDx and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on this KinesisDx Site. Product information contained on the KinesisDx Sites may be different from information contained on the product materials due to manufacturing or other changes. If you find a product is not as described, your sole remedy stems from the KinesisDx Antibody Performance Guarantee.

KINESISDX, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY KINESISDX SITE.

INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by KinesisDx, its affiliates, or third parties who have licensed their materials to KinesisDx and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the KinesisDx Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the KinesisDx Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the KinesisDx Site or any related software.

All software used on the KinesisDx Site is the property of KinesisDx or its suppliers and protected by U.S. and international copyright laws. The IP and software on the KinesisDx Sites may be used only as a resource for shopping purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the KinesisDx Sites is the exclusive property of KinesisDx, and is also protected by U.S. and international copyright laws.

You may contact us at info@kinesisdx.com if you wish to request a use license for any KinesisDx Site material. KinesisDx reserves the right to grant or deny commercial use license requests in its sole discretion.

 

COPYRIGHT

If you believe any Content or any other aspect of the KinesisDx Site infringes your copyright, you must send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must include the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the KinesisDx Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the KinesisDx Site may be reached at the following address:
Or by email: info@kinesisdx.com

COUNTER NOTICE

If you believe that your Content that was removed (or to info@kinesisdx.com access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, KinesisDx may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, approximately 10 to 14 business days after receipt of the counter-notice, in the sole discretion of KinesisDx.

MARKS

Click here for a non-exhaustive list of KinesisDx trademarks, service marks, and/or other marks. Any trademarks, service marks, and other marks and indicators of source or origin displayed on the KinesisDx Site belong to KinesisDx or to their respective owners. Such marks may not be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any third party marks that appear on the KinesisDx Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KinesisDx.

PRIVACY

You acknowledge that any personal information that you provide to the KinesisDx Site will be used by KinesisDx in accordance with KinesisDx Privacy Policy.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless KinesisDx and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the KinesisDx Site or any breach by you of these Terms and Conditions.

TERMINATION

These Terms and Conditions are effective unless and until terminated by either you or KinesisDx. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of the KinesisDx Sites. KinesisDx also may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the KinesisDx Site, if in KinesisDx sole discretion you fail to comply with any term or provision of these Terms and Conditions. Upon any termination of these Terms and Conditions by either you or KinesisDx, you must promptly destroy all materials downloaded or otherwise obtained from the KinesisDx Site, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. The following sections shall survive any termination of this Agreement: “Use of the KinesisDx Sites,” “Content Submission,” “Pricing Information,” “Information Provided on KinesisDx Site,” “Intellectual Property,” “Privacy,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” and “General.”

THIRD PARTY SITES

References on a KinesisDx Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. KinesisDx is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a KinesisDx Site is at your own risk and will be governed by such third party’s terms and policies.

Product Terms of Use:

KinesisDx does not warrant against damages or defects arising in shipping or handling, or out of accident or improper or abnormal use of the Products; against defects in products or components not manufactured by KinesisDx, or against damages resulting from such non-KinesisDx made products or components. KinesisDx passes on to the customer the warranty it received (if any) from the maker thereof of such non KinesisDx made products or components. This warranty also does not apply to Products to which changes or modifications have been made or attempted by persons other than pursuant to written authorization by KinesisDx.

THIS WARRANTY IS EXCLUSIVE. The sole and exclusive obligation of KinesisDx shall be to repair or replace the defective Products in the manner and for the period provided above. KinesisDx shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability or otherwise. Under no circumstances, whether based on this Limited Warranty or otherwise, shall KinesisDx be liable for incidental, special, or consequential damages.

This Limited Warranty states the entire obligation of KinesisDx with respect to the Products. If any part of this Limited Warranty is determined to be void or illegal, the remainder shall remain in full force and effect.