Last updated: October 5, 2020
Welcome to www.LightDeckDx.com. LightDeck Diagnostics makes this Website available to you subject to the Terms and Conditions of Use. The Terms govern your access to and use of the Website and represent a legally binding contract between you and MBio Diagnostics, Inc. d/b/a LightDeck Diagnostics, so please read them carefully. The Terms apply to all visitors, users and others who access the Website or any mobile version thereof. By accessing or using the Website, you indicate that you have read, understand and agree that you are bound by the Terms. If you do not agree with the Terms, you must not use or access the Website.
- The following terms have the following meaning in these Terms and Conditions of Use.
- “Content” or “Contents” means all text, graphics, displays, videos, sounds, music, trade dress, trademarks, works of authorship, software, products, services, newsletters, articles, papers, features, functions, functionality, the design, selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on the Website;
- “Terms” means these Terms and Conditions of Use together with any documents expressly incorporated by reference;
- “we”, “us”, “our”, or “LightDeck” mean MBio Diagnostics, Inc. d/b/a LightDeck Diagnostics and its affiliates;
- “Website” means LightDeckDx.com; and
- “you” or “your” means any visitor to the Website, including any entity you may represent and any using the Website on your behalf.
- Changes to Terms. We reserve the right to update or modify the Terms at any time in our sole discretion, without prior notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Choice of Law and Forum section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your use of the Website following such modification or update constitutes your acceptance to be bound by the Terms as changed or modified. Please read through and review the Terms each time you access the Website. While may update the content on the Website from time to time, its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Accessing the Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, unavailability or discontinuance of the Website or any services provided by the Website. From time to time in our sole discretion, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for making arrangements necessary for you to have access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of any advertisements or other information. In addition, you must provide and are responsible for all equipment necessary to access the Website. You expressly agree that your use of the Website is at your sole risk. Additionally, you are responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and comply with them. We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any of your data, communications, or personalized settings.
- Access or use of the Website is void where prohibited by applicable law. The Website is not intended for children under the age of 18 years of age without parental consent and supervision. By accessing or using the Website, or contacting us, you represent that you are at least 18 years of age or that you have obtained parental consent. If you do not meet these requirements, you must not access or use the Website.
- Intellectual Property Rights.
(a) The Website and its entire Contents are owned by LightDeck, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(b) No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold without our prior written consent or the consent of our licensors and licensees, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
(c) Subject to your compliance with all of the Terms, including, without limitation, refraining from the Prohibited Actions stated below, we grant you a personal, non-transferable, non-exclusive, terminable-at-will, license to use the Website and to download any materials available for downloading at the Website, solely for personal and non-commercial purposes.
(d) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any unauthorized use of Content or violation of this provision is a material breach of the Terms and may be a violation of applicable law. Nothing in the Terms constitutes or may be construed as transferring or licensing any intellectual property rights, title or interest to you, whether by estoppel, implication or otherwise. We will aggressively enforce our intellectual property rights to the fullest extent of the law.
(e) LightDeck’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of LightDeck or its affiliates or licensors. You must not use such marks without the prior written consent of LightDeck. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
- No Advice. The information available on the Website, including, without limitation all newsletters, papers, articles, product descriptions, and information regarding technology applications, is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. You should not construe this as medical, scientific, insurance, or other professional advice. You should consult with an LightDeck representative concerning your particular factual situation for advice concerning a specific diagnostic or technological device or other matters before making any decision or taking any other action that might affect your personal health or the medical diagnosis of you or any other person. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- Prohibited Actions. You may use the Website only for lawful purposes and in accordance with the Terms. You may not do any of the following on, through, or in any way in connection with the Website:
(a) Upload, post, transmit or submit any information or material that: (i) contains software viruses, code or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) contains any robot, spider or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) contains any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (iv) is defamatory, libelous, obscene, indecent, abusive, threatening to others, hateful, racially or ethnically objectionable or constitutes stalking; (v) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (vi) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party; (vii) violates any state, federal, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
(b) Harm or exploit, or attempt to harm or exploit, minors in any way, including by exposing them to inappropriate content, asking them for personally identifiable information or otherwise;
(c) Interfere with, disable, overburden, damage or disrupt the Website, the services provided by the Website or any other party’s use of the Website;
(d) Impersonate or attempt to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including but not limited to LightDeck or any LightDeck employee;
(e) Violate or infringe any of our trademarks, copyright, patent, or other proprietary or intellectual property rights;
(f) Violate or breach any provision of the Terms or engage in prohibited actions, as described in this subsection;
(g) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or software used in connection with the Website or obtain unauthorized access to the Website;
(h) Use any Content or other information to, in whole or in part, create a likelihood of confusion, to misrepresent any fact, or to deceive others in any form or by any means;
(i) Copy, modify, reuse, rent, lease, distribute, republish, retransmit, sell, lend, assign or transfer any Content of the Website;
(j) Access the Website by any means other than through the interface provided by us;
(k) Remove any copyright notice, trademark notice, patent notice, or other proprietary notice from any Content you download or otherwise receive from of through the Website;
(l) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(m) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
(n) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm LightDeck or users of the Website, or expose them to liability.
- Electronic Communications. When you visit the Website, send e-mails to us, or electronically submit a request for information on products or services provided by LightDeck, you are communicating with us electronically. Your visit to the Website or communication with us through functionality available at the Website or via e-mail will be deemed to be your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Monitoring and Enforcement. We do not warrant that the Website will be monitored for unacceptable use, nor is there any guarantee that any communications will remain confidential or secure. We reserve the right to block transmission of, and remove any information that you submit, at any time, for any reason, and without prior notice to you. We have the right at all times to (a) disclose your identity or other information about you to any third party who claims that material transmitted by you violates their rights, including their intellectual property rights or their right to privacy, (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (c) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Linking / Third Party Links on Our Site. The following terms apply to linking:
(b) You may not link to the Website without our express written consent, which is subject to such terms and conditions as we may establish. You may not, without our written permission, (i) incorporate any content from the Website into your web site (e.g., by in-lining or framing); or (ii) use any of our trademarks, works of authorship, copyrighted materials; or (iii) use any words or codes identifying the Website in any “metatag”, any information used by search engines, or information used by location tools to identify and select web sites.
- Disclaimer of Warranties. You expressly understand and agree as follows:
(a) Your use of the Website, the Content and any services or items obtained through the Website is at your sole risk. The Website, the Content and any services or items obtained through the Website are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PROVIDED BY LAW, We expressly disclaim all representations and warranties of any kind, whether express or implied, STATUTORY OR OTHERWISE, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, or with respect to the COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) Without limiting the foregoing, we make no representation or warranty that: (i) the Website or any items obtained through the Website will meet your expectations or requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; (iii) the information obtained from the Website or the use of the Website will be accurate, error-free, uninterrupted or reliable, or that defects will be corrected; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations or requirements, or (v) that the Website, the server that makes the Website available or files available for downloading from the Website will be free of viruses or other destructive code.
(c) Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your business or computer system or any loss of data that results from obtaining or downloading any such material. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
(d) You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
- Limitation of Liability. You expressly understand and agree that, to the fullest extent provided by law, in no event will we, our affiliates, or OUR AND theIR respective licensors, service providers, employees, agents, officers or directors be liable to you for damages of any kind, under any legal theory, including any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for personal injury, pain and suffering, emotional distress, loss of profits, loss of revenue, loss of business or anticipated savings, loss of goodwill, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) and whether caused by tort (including negligence), breach of contract or otherwise, resulting or arising from: (A) the use or the inability to use the Website OR any websites linked to it, OR any Content on the Website or such other websites; (B) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained from or through the Website; (C) unauthorized access to or alteration of your transmissions or data; (D) statements or conduct of any third party on the Website or in the Content; (E) any other matter relating to the Website, the Content or any products, services, or information provided on the Website; or (F) any goods, materials, services, or information purchased or acquired at or through the Website. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- You agree to indemnify, defend, indemnify and hold us, our affiliates, licensors and services providers (as well as our and their respective officers, directors, agents, employees, successors and assigns) harmless from and against all claims, demands, causes of action, liabilities, judgments, damages, fees, expenses and costs (including reasonable attorney’s fees) that arise out of or are related to (a) the content or materials that you post, submit, transmit, or make available through the Website, (b) your use of the Website, including but not limited to any use of the Content, other than as expressly authorized in the Terms, (c) your connection to the Website, (d) your breach or violation of the Terms, (e) your use of any information obtained from the Website, or (f) your violation of any rights of another in connection with your use of the Website or Content.
- International Notice. We are based in Boulder, Colorado, United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its Content is appropriate for, or may be transmitted, used or installed outside of the United States. Access by certain persons or in certain countries may not be legal. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, including but not limited to, export and import regulations.
- Representations and Warranties. You represent and warrant to us that: (a) you have the full power and authority to enter into and perform your obligations under the Terms; (b) your assent to and performance of your obligations under the Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (c) the Terms constitutes legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (d) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Website or the Content; and (e) you will comply with all applicable laws, rules and regulations in your use of the Website and the Content, including but not limited to the Terms.
- General Terms. The following additional terms apply to the Terms:
(b) Choice of Law and Forum. All matters relating to the Terms, the Website, the relationship between you and us, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Denver, Colorado and waive all objections to the exercise of jurisdiction by such courts. You irrevocably waive your right to a jury trial or to claim that the state of Colorado is an inconvenient forum to hear claims and disputes.
(c) Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision, nor will our waiver of any term or condition set out in the Terms be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under the Terms constitutes a waiver of any other right or remedy, or future exercise thereof. If any provision of the Terms is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be eliminated from the Terms and you agree that the court should endeavor to give effect to the provision so that other provisions of the Terms remain in full force and effect.
(d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) Notices. We may give notice to you through general posting on the Website, via postal notification, or via e-mail notification. You may give notice to us at the contact information listed below.
(f) Construction. The section titles in the Terms are for convenience only and do not affect their interpretation.
(g) Contact Us. If you have any questions or comments about the Website, please feel free to contact us any time at the following contact information:
5603 Arapahoe Avenue, Suite 1
Boulder, CO 80303