Legal Notice and Terms of Use

Terms and Conditions of Use

In using this website, you are deemed to have read and agreed to the following Terms and Conditions.   Please read them carefully. These Terms and Conditions form part of the Agreement between You and Banyan Biomarkers Inc (“BANYAN”).  Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice, Privacy Policy, Copyright Information and the full Term and Conditions contained herein.

Call 911 for an Emergency

This website does not provide medical advice. If you think you may have a medical emergency, call your doctor or 911 immediately.

Notification of Changes

BANYAN reserves the right to change these Terms and Conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

Spam

We do not tolerate any SPAM. All SPAM submissions will be reported to the appropriate authority and banned from future visits to BANYAN’s website.

Links to this Website

You may not create a link to any page of this website without our prior written consent.  If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.  We do not tolerate any direct links to images or documents on this Site.  All materials at this website are copyrighted and owned by BANYAN or its Affiliates.

When written permission is granted, you agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious.

Jurisdiction, Venue, Law and Service of Process

The laws of Florida, USA govern these Terms and Conditions.  By accessing this website you consent to these Terms and Conditions, to the exclusive jurisdiction and venue for state and federal courts in the state of Florida for all disputes arising out of such access involving BANYAN or its Affiliates, employees, officers, directors, agents or suppliers.  You also agree to electronic service of process, where allowable, regarding actions under the above agreement.

Disclaimer

Information Disclaimer

The content of this website is for general information and education purposes only and does not constitute advice.  Information you read on this website cannot replace the relationship that you have with your health care professional.  BANYAN does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice.

You should always talk to your health care professional for diagnosis and treatment.  Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

The information contained on this website about BANYAN assays are for investigational and research use only and are not intended for clinical diagnostic purposes.

No Warranties

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BANYAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  BANYAN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

BANYAN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

Limitation of Liability

YOU AGREE THAT NEITHER BANYAN NOR ANY PERSON OR COMPANY ASSOCIATED WITH BANYAN SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS BANYAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF BANYAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL BANYAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF BANYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold BANYAN harmless against any liability for that harm.

Disclaimer of Endorsement

References to books, software, websites, or products are specific suggestions only and do not necessarily constitute or imply an endorsement.

The views and opinions of the authors of content published by BANYAN does not necessarily state or reflect the opinion of BANYAN or its Affiliates, and cannot be used for advertising or product endorsement purposes.

Disclaimer of Links to Other Websites

This website may contain links to websites not operated by BANYAN.   We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites.  These websites may contain information about uses of BANYAN’s products or therapies that have not been approved in the United States. We do not control or endorse this type of information.  We are not responsible for the performance of those websites or for your business dealings with them.  Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Privacy Policy

BANYAN does not use any visitor information for any purpose other than to help improve this website, employment requests, or product inquiries.  Email addresses submitted through our forms and any other visitor information is never sold or used for any other purpose. Information allows us to respond to inquiries if needed, improve our website, and report SPAM.

In addition, no visitor information is available at this website or anywhere else that is publicly available.

Copyright and Trademark Information

Copyright © 2015 Banyan Biomarkers Inc. All rights reserved.

The materials on this website belong to or are licensed to BANYAN. The materials are protected by United States and foreign copyright laws.  Under no circumstances may you “frame” this website or any of its content or copy portions of this website to a server. Any redistribution or reproduction of part or all of the contents in any form is prohibited.  You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

You agree not to display or use the BANYAN logo or trademark in any manner without our prior written permission.