REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.
You understand that aspects of this Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Products and Services in your jurisdiction.
MITOGENDX DOES NOT OFFER ANY MEDICAL ADVICE. THE PRODUCTS AND SERVICES (INCLUDING ANY RESULTS GENERATED BY THEM) SHOULD NOT BE RELIED AS A SUBSTITUTE FOR MEDICAL ADVICE. PLEASE CONTACT YOUR MEDICAL DOCTOR FOR IF YOU SEEK SUCH ADVICE.
The following outlines various limitations with respect to the various Products and Services that we offer.
WITH RESPECT TO OUR SARS‐COV‐2 TESTING:
WITH RESPECT TO OUR OTHER PRODUCTS AND SERVICES:
Your access and use of this Website shall be deemed to be provided in Alberta and subject to Alberta law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Products and Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Products and Services in your jurisdiction.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e‐mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your Account and any or all privileges on this Website and to refuse any and all current or future use of this Website.
You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree not to transfer your right to use or access this Website via your username or password to any third person.
You agree not to disclose your username and password to any third party.
You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, with your knowledge.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
This Website may allow you to purchase Products and Services from time to time. We reserve the right to refuse service to anyone, at any time, for any reason.
Should you choose to purchase a Product and Service, please note that advertisements on this Website for Products and Services are invitations to you to make offers to purchase the Products and Services and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products and Services referenced in your order. Your order for a Product and Service will be deemed to be accepted only if and when we send an order confirmation to your email address. That confirmation constitutes our acceptance of your order.
Some situations may result in your order for Products and Services being cancelled. These include, but are not limited to: (i) limitations on the quantities of any Products and Services available for purchase; (ii) inaccuracies or errors in Product and Service pricing information; (iii) Product and Service restrictions mandated by local, provincial, national or international regulations; and (iv) problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
For the avoidance of doubt, we reserve the right, at our sole discretion to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Subject to applicable laws, we may amend this Website, and the Products and Services listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.
ALL SALES ARE FINAL.
The prices displayed on this Website are quoted in Canadian dollars (CAD) in connection with any Products and Services shipped to Canada, and in American dollars (USD) in connection with any Products and Services shipped outside of Canada.
Product and Service prices do not include any applicable sales, use, excise, value‐added or other taxes or governmental charges, and you shall be responsible for same. Also note that (unless otherwise specified) the price of any Product and Service on our Website does not include shipping and handling or any applicable sales, use, excise, value‐added or other taxes or duties. You are also responsible for the payment of each of these.
At the time you place an order for any Products and Services, you will be required to provide your payment information. You represent and warrant that: (i) such information is both valid and correct; and (ii) you are the person referred to in the payment information provided.
Please note that the credit card issuers whose credit cards we accept (the “Payment Networks“) have established guidelines, bylaws, rules, and regulations (collectively, the “Payment Network Rules“). We are required to comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. We reserve the right to amend this Agreement at any time for the purposes to comply with: (i) the Payment Network Rules; as well as (ii) the requirements of our third party payment processing service provider.
To purchase any Products and Services:
Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non‐delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
As above, you are responsible for all shipping costs associated with your purchase unless otherwise stated.
MitogenDx only ships Products and Services to addresses in Canada, the United States and Europe.
Title to any Products and Services purchased by you and risk of loss shall pass onto you upon delivery of the Products and Services to a shipper/carrier. MitogenDx cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered (customer address input error).
Subject to applicable laws, packages returned to MitogenDx as unclaimed (not picked up at local postal outlet or from a private carrier including UPS, FedEx, etc.), refused (by addressee or customs), or packages returned due to incorrect address information (customer address input error) may be subject to a [15%] restocking fee if returned in resalable condition, as well as additional deductions for the original shipping charges (or equivalent if shipping charges were included in the purchase price) and any return shipping charges.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE DO NOT ACCEPT ANY RETURNS, EXCHANGES OR REFUNDS OF ANY PRODUCTS OR SERVICES. ALL SALES ARE FINAL.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.
MitogenDx may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “MitogenDx Materials”). If you download, access or use any MitogenDx Materials, you agree that such materials: (i) may only be used for your personal and non‐commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without MitogenDx’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. MitogenDx does not transfer the title or the intellectual property rights to the MitogenDx Materials to you, and retains full and complete title to the MitogenDx Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the MitogenDx Materials. MitogenDx or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Website (including its organization and presentation and the MitogenDx Materials) is the property of MitogenDx and its licensors and may be protected by intellectual property laws, including laws relating to copyrights, trade‐marks, trade‐names, internet domain names and other similar rights.
While we endeavour to keep downtime to a minimum, we cannot promise that this website will be uninterrupted, secure or error‐free. We reserve the right to interrupt/suspend this website, or any part thereof, with or without prior notice for any reason.
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services, and you shall be solely responsible for all charges and fees related thereto.
Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. MitogenDx is not liable for any damages related to communications to, or from, this Website.
MitogenDx updates the information on this Website and the Services periodically. However, MitogenDx cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Products and Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Website (including the MitogenDx Materials) and the Products and Services at any time, without prior notice to you (including after an order has been placed by you).
This Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that MitogenDx monitors or endorses these websites. MitogenDx does not accept any responsibility for such websites.
MITOGENDX WILL 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 THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website. MitogenDx recommends that you install appropriate anti‐virus or other protective software.
MITOGENDX WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE PRODUCTS AND SERVICES OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS WEBSITE.
EXCEPT AS OTHERWISE PROVIDED EXPLICITLY HEREIN, THIS WEBSITE, THE PRODUCTS AND SERVICES AND THE MITOGENDX MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON‐INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. MITOGENDX DOES
NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE PRODUCTS AND SERVICES OR THE MITOGENDX MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR‐FREE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU ASSUME ALL RESPONSIBILITY AND RISK IN CONNECTION WITH THE USE OF THIS WEBSITE, THE PRODUCTS AND SERVICES AND THE MITOGENDX MATERIALS.
THE PRODUCTS AND SERVICES MAY COME WITH A LANCET THAT IS INTENDED TO DRAW BLOOD. YOU ACKNOWLEDGE THAT THE USE OF THE LANCET MAY RESULT IN PAIN, NERVE INJURY AND POSSIBLE INFECTION. YOU ASSUME ALL RESPONSIBILITY AND RISK IN CONNECTION WITH THE USE OF THE LANCET, INCLUDING WITHOUT LIMITATION ANY PAIN ARISING FROM THE USE OF THE LANCET, AS WELL AS ANY NERVE INJURY AND/OR INFECTION THAT MAY ARISE FROM YOUR USE OF THE LANCET
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES. AS SUCH, THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND USE OF THIS WEBSITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MITOGENDX PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO MITOGENDX AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST MITOGENDX IN CONNECTION WITH: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR THE PRODUCTS AND SERVICES; OR (2) YOUR BREACH OF THESE TERMS
PLEASE NOTE THAT SOME JURISDICTIONS LIMIT THE EXTENT TO WHICH A PARTY MAY INDEMNIFY ANOTHER. AS SUCH, THE FOREGOING INDEMNITY WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
As above, we reserve the right to suspend your Account and/or your access to this Website and/
immediately, with or without notice to you, and without liability to you, if MitogenDx, in its sole
discretion, believes that:
These suspensions will be for such periods of time as MitogenDx may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
Mitogen Diagnostics Corporation
3415C 3rd Ave NW
Calgary, Alberta T2N 0M4
Attention: Laboratory Manager
This Website and the Products and Services are solely directed to individuals residing in Canada, the United States and Europe. We make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.