It is agreed and acknowledged that DDS or its licensors are the exclusive owner of all right, title and interest in the Software (LABRX) Services and also holders of all copyright,
patent, trademark, trade names, services marks, designations, trade secret and other proprietary rights therein (collectively, "Proprietary Rights"),
and reserves all such Proprietary Rights to itself except as expressly licensed to you hereunder. To the extent that any Proprietary Rights do not otherwise vest in DDS,
you hereby assign all such Proprietary Rights to DDS, and agree to do all other acts reasonably necessary to perfect DDS’s ownership thereof, without any additional
consideration of any kind.
DDS does not claim any ownership rights in any information, data, photographs, x-rays, digital images or other materials you may originate and upload, transmit or otherwise make available through the DDS Services ("User Content"). You continue to retain any ownership rights you have in such User Content. To the extent that DDS provides you with an opportunity to post, store and exchange User Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, DDS, its contractors, and the users of the Software(LABRX) Services to which such User Content is transmitted an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to: (i) use, copy, display and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content solely in order to manage the Software Services and business, provide customer service and related problem solving services to you; and (ii) use, compile and aggregate de-identified User Content and data derived therefrom for commercial purposes.
You are responsible for ensuring the privacy of your own User Content. DDS uses industry standard security measures to protect the loss, misuse and alteration of the User Content you provide. Although we make good faith efforts to store the User Content provided by members in a secure operating environment that is not available to the public, DDS cannot guarantee complete security. Further, while DDS makes every effort to ensure the integrity and security of its systems, they cannot guarantee that its security measures will prevent third-party "hackers" from illegally accessing the User Content or your personal information.
disable, overburden, or impair any DDS server, or the network(s) connected to any of our server, or interfere with any other party\'s use and enjoyment of the services.
You may not attempt to gain unauthorized access to any computer systems or networks connected to any our server or other systems, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.
DDS makes no representation that the Software Services, this site, or its contents are appropriate or available for use in locations outside our jurisdiction,
and accessing the Software Services from territories where such content is illegal and prohibited. Your access and use of the Software Services is at your own initiative
and risk and you are responsible for compliance with all applicable local laws, keeping in mind that access to the Software Services may not be legal by certain persons or
in certain jurisdictions.
DDS disclaims any liability for any typographycal errors which may occur in this site.
If there is a dispute between DDS and users of the Software Services and/or any third party, DDS is under no obligation to become involved. In the event that you have such a dispute, you shall not involve DDS, their respective officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner whatsoever related to such disputes and/or the Software Services.
By accessing the Software Services, you agree that courts located in our jurisdiction shall have exclusive jurisdiction over all claims and actions arising out of or
consent to extra-territorial service of process for the purpose of litigating any such claim or action.
DDS shall have no liability for delays, failure in performance or damages (other than obligations regarding payment of money or confidentiality) due to: fire, explosion, lightning, pest damage, power surges or failures, strikes or disputes, water, acts of God, the elements, war, civil disturbances, acts of military authorities or the public enemy, inability to secure raw material, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond DDS’s control, whether or not similar to the foregoing.
b. DDS shall have no liability for delays, failure in performance or damages (other than obligations regarding payment of money or confidentiality) due to: fire, explosion, lightning, pest damage, power surges or failures, strikes or disputes, water, acts of God, the elements, war, civil disturbances, acts of military authorities or the public enemy, inability to secure raw material, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond DDS’s control, whether or not similar to the foregoing.
c. This Agreement is between Provider and Business Associate and shall not be construed, interpreted, or deemed to confer any rights whatsoever to any third party, including Patients. Security Standards, the Privacy Rules, and relevant Acts.
d. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the Transaction Standards, Security Standards, the Privacy Rules, and relevant Acts.
e. Provider and Business Associate agree to negotiate in good faith if, in either party’s reasonable judgment, modification of this Agreement becomes necessary due to legislative or regulatory amendments to the Privacy Rule, the Security Rule, or other relevant Acts.
f. In the event that it is impossible to comply with both this Agreement and any underlying services agreements between the parties, the provisions of this Agreement shall previal with respect to those provisions of each agreement that expressly conflict.
g. This agreement replaces and supersedes any previous agreement with respect to the subject matter hereof.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express consent.
You must not use this website to transmit or send unsolicited commercial communications.
We may revise these terms and conditions from time-to-time. Revised terms and conditions shall apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.