Legal
Your visit to and use of the eXagen™ website (the "Site") is subject to the following conditions. If you visit eXagen, you agree to accept these conditions. Please read them carefully. These legal terms apply only to this Site, and eXagen does not intend for these legal terms to apply to, or be integrated with, any business transaction.
Site Access and Use
eXagen grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or its content; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of eXagen or any third party.
You may not use, frame or utilize framing techniques to enclose any eXagen trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without eXagen's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an eXagen name, trademark or product name without eXagen's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site terms and may violate applicable law including copyright laws, trademark laws (including trade dress) and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Privacy
Please review our Privacy Policy, which also governs your visit to eXagen to understand our practices.
Copyright
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of eXagen or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of eXagen and protected by U.S. and international copyright laws. Any reproduction, transmission, or republication of all or part of any document found on this Site is expressly prohibited, unless eXagen or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit or republish the material. All other rights reserved.
Trademarks
The names, trademarks, service marks and logos of eXagen appearing on this Site may not be used in any advertising or publicity, or otherwise to indicate eXagen's sponsorship of or affiliation with any product or service, without eXagen's prior express written permission.
Third-Party Links
eXagen makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of eXagen and eXagen is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. eXagen is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by eXagen of the site or any information contained therein. When leaving the eXagen Site, you should be aware that eXagen's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Disclaimers
a. No Warranty. The descriptions of this Site are for information purposes only, and do not constitute an express warranty by eXagen with respect to the performance of any product or service. eXagen reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by eXagen.
b. No Reliance. This Site provides only generalized information about eXagen and its products and services, and you should not rely upon it as your sole source of information about eXagen or its products and services. Moreover, while reasonable efforts are used to ensure the factual accuracy of the statements contained in this Site, the information may not be complete or errors may occur. Any purchase, investment or other transaction should be based upon detailed information provided through direct communication with eXagen.
c. No Health Advice. This Site does not give health care advice as to any person or class of persons. The descriptions of matters relating to bioscience and human health are stated only in the context of eXagen's products and services, and should not be relied upon as authoritative in any clinical or research use.
Limitation of Liability
IN NO EVENT SHALL EXAGEN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EXAGEN (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF EXAGEN'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID EXAGEN, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained in this Site terms of use.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Mexico, applicable to agreements made and entirely to be performed within the State of New Mexico, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Bernalillo County, New Mexico, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Amendment of Site Terms
We may amend these terms and conditions at any time by posting the amended terms on the Site.
