Effective Date:  January 1, 2020

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

Introduction and Overview

Welcome!  You have arrived at www.sekisuidiagnostics.com and/or are otherwise interacting with our Service (defined below), which is owned and operated by Sekisui Diagnostics, LLC (“Sekisui,” “we,” “our,” or “us”).  These Terms of Service (“Terms”) govern your use of any online service location (e.g., website) that posts a link to these Terms (“Site” or “Service”), including both mobile and online versions, regardless of how you access or use it, whether via computer, mobile device or otherwise.  By using the Service, you acknowledge and accept the Service’s Privacy Policy   and consent to the collection and use of your data in accordance with the Privacy Policy .  By using the Service, you further agree that Sekisui may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service.  Consequently, by interacting with and/or using the Service, you signify your assent and agreement to these Terms.  If you do not agree to these Terms, you must not use the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I AGREE”, CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE SEKISUI PRIVACY POLICY (COLLECTIVELY, THESE “TERMS“). If you are not eligible, or do not agree to these Terms, then please do not use the Service.

DISPUTE NOTICE: THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND SEKISUI WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), OR IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR PLEASE REVIEW SECTION 6 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH SEKISUI.

If You Want to Use This Service, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.  The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.  If you are under the age of majority in your jurisdiction of residence, you may use the Service only with involvement of a parent or guardian who agrees to these Terms and to be responsible for your use.

Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any applicable Additional Terms then posted (subject to Section 10  ).  Therefore, do not use the Service if you do not agree.  The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of  certain disputes – we would not make the Service available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  Please also review the terms of the Service’s Privacy Policy , which you accept by using the Service.

Full Details of Terms of Service

  1. Content.  The Service contains a variety of: (i) materials and other items relating to Sekisui and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Sekisui (collectively,  “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
  2.  Ownership.  The Service (including past, present, and future versions) and the Content are owned or controlled by Sekisui and our licensors and certain other third parties.  All right, title, and interest in and to the Content available via the Service is the property of Sekisui or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  Sekisui owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
  3. Limited License.  Subject to your strict compliance with these Terms and the Additional Terms, Sekisui grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) and/or print one copy of the Content for your personal, non-commercial use only.  The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Sekisui’s sole discretion, and without advance notice or liability.  In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
  4.  Rights of Others.  In using the Service, you must respect the intellectual property and other rights of Sekisui and others.  Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  Sekisui respects the intellectual property rights of others.
  5.   Reservation of All Rights Not Granted As To Content and Service.  These Terms and any applicable Additional Terms include only narrow, limited grants of rights to Sekisui Content and to use and access the Service.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by Sekisui and its licensors and other third parties.  Any unauthorized use of any Sekisui Content or the Service for any purpose is prohibited.