Terms and Conditions
Effective Date: March 22, 2012
Terms and Conditions
Please read these Terms and Conditions carefully. By accessing or using the website, you agree to be legally bound by these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not access or use the website. The term “Pathway” or “us” or “we” or “our” refers to Pathway Genomics Corporation, the owner of the website. The term “you” refers to the user or viewer of this website. Pathway may, at any time and from time to time, modify these Terms and Conditions, and any such modifications will be effective immediately upon posting of the modified Terms and Conditions on the website. You agree to review these Terms and Conditions periodically, and your use of the website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions as modified.
Pathway has other websites that are governed by different terms and conditions for use.
The information on the website is for informational and educational purposes and is not intended to be used for medical advice or diagnosis or treatment. Individuals should always consult with their physician or other qualified healthcare provider about questions concerning a medical condition, and before starting, stopping or modifying any treatment or medication. THE PERFORMANCE CHARACTERISTICS FOR THE PATHWAY TESTING SERVICES DESCRIBED ON THE WEBSITE WERE ESTABLISHED AND VALIDATED BY PATHWAY ACCORDING TO THE REQUIREMENTS OF CLIA (CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988). THESE TESTING SERVICES HAVE NOT BEEN CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION. Features and specifications of services (including associated tests) described or depicted on the website are subject to change at any time without notice.
The information contained within any sections of the website identified for “Medical Professionals” is intended solely for use by healthcare professionals.
Intellectual Property and Site Use
The trademarks, service marks, logos and other information and materials described or appearing on the website are protected by applicable trademark, patent, copyright and other laws. None of the trademarks, service marks, logos and other information and materials on the website may be used in any advertising or publicity, or otherwise to indicate Pathway’s affiliation with, or sponsorship of, any product or service without Pathway’s express written consent. Nothing contained on the website should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademarks, service marks, logos or other information and materials appearing on the website without Pathway’s written consent.
The information and materials appearing on the website may be used by you solely for internal and noncommercial purposes so long as you access and use the website strictly in accordance with these Terms and Conditions. No other use of such information and materials may be made without the express written permission of Pathway. Any unauthorized use of the information and materials appearing on the website may violate civil, criminal and any other applicable laws.
Disclaimer of Content and Warranties; Limitation of Liability
While Pathway attempts to keep all the information on the website up-to-date, the science and knowledge in the genetic testing area change quickly, and this website should not be considered error-free or as a comprehensive source of all information on a given topic. Pathway makes no warranties or representations as to the accuracy of the content of the website, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this website. Your use of the website is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and otherwise on the website. You assume the entire risk of loss in using this website as well as the information and materials contained on the website.
PATHWAY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, MATERIALS AND SERVICES CONTAINED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ACCESS TO THIS WEBSITE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NEITHER PATHWAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED IN THE WEBSITE (A) ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THIS WEBSITE; OR (B) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE. ALL INFORMATION, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THIS WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
SINCE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Disclaimer of Hyperlinks and Endorsement
The website may contain (A) content owned by third parties, and (B) hypertext links to websites owned by third parties. Pathway provides such third party content and hypertext links as a courtesy to users and has no control over such third party content and websites referenced or made available to you on this website. Pathway does not endorse, sponsor, recommend or otherwise accept any responsibility for such third parties, any third party content, third party websites and/or any third party goods and services described in such content or websites. Pathway is not responsible for information, goods or services offered or provided by such third parties or for the manner in which they conduct their business. YOUR USE OF SUCH THIRD PARTY CONTENT, THIRD PARTY-OWNED WEBSITES, AND THIRD PARTY GOODS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
PATHWAY DOES NOT ASSUME ANY LIABILTY OR RESPONSIBILTY FOR ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS OR ANY OTHER, WEBSITE), INCLUDING WITHOUT LIMITATION, ANY LIABILITY OR RESPONSIBILITY RELATING TO THE ACCURACY, COMPLETENESS, USEFULNESS OR INTELLECTUAL PROPERTY OF SUCH THIRD PARTY-OWNED CONTENT.
You agree to indemnify, defend and hold harmless Pathway and its employees, officers, directors, agents and suppliers from and against all losses, costs, damages, and expenses (including reasonable attorneys’ fees and expenses) related to any (A) violation by you of these Terms and Conditions, and (B) posting by you of material to this website.
These Terms and Conditions are effective as of the effective date posted above, unless and until modified as provided above, or terminated at any time, by Pathway.
Order Cancellation Policy
Orders for a collection kit may be cancelled before the kit has been shipped for a full refund. Once a kit has been shipped, cancellations may be made within 30 days and are subject to the cancellation guidelines below. Once the collection kit has been received in our laboratory for processing we will be unable to issue a refund. Prior to arriving in our laboratory orders requiring an online physician network will be subject to a $45 cancellation fee; orders not requiring an online physician network will be subject to a $25 cancellation fee.
Pathway makes its Privacy Statement available to users on this website. Users should read Pathway’s Privacy Statement to ensure they understand how Pathway handles and manages personal information which it receives through this website.
These Terms and Conditions and your use of the website shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. All disputes between Pathway and you arising under these Terms and Conditions shall be decided by arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator in San Diego, California, U.S. The award rendered by the arbitrator shall be final. In the event of any legal action or proceeding related to this website, such action or proceeding shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.
This website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this website is accessible to users outside of the U.S., the information regarding Pathway’s testing services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Pathway reserves the right to limit provision of its services to any person, geographic region or jurisdiction. Any offer for service made on this website is void where prohibited.
If any provision in these Terms and Conditions is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Pathway reserves the right to alter or delete materials from this website at any time at its discretion.
Specific questions and comments regarding the website should be directed to the appropriate department via our Contact page.