Web Services Terms & Conditions

Terms and Conditions of Use

These terms and conditions apply to your use of the Oncocyte Corporation (“Oncocyte”) website (the “Website”) and online services (collectively the “Services”).  Your use of the Website and Services constitutes your acceptance of these terms and conditions. If you do not agree to all of these terms and conditions, do not use the Oncocyte Website or Services.

Oncocyte may modify these terms and conditions, in whole or in part, at any time and in its sole discretion. Such modifications will be effective when posted on this Website and will supersede any prior terms or modifications. Your continued use of the Website and Services constitutes acceptance of these terms and conditions as modified. Certain features and services may be subject to additional requirements, rules, and policies, which are incorporated by reference into these terms and conditions.

Oncocyte may terminate, change, or otherwise modify any aspect of the Website or Services, or impose limits on features or restrict access, in whole or in part, to the Website and Services at any time and in its sole discretion without liability. Oncocyte may unilaterally terminate any authorizations, rights, and licenses provided herein without notice.

The failure of Oncocyte to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of the terms and conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to intended purpose of the provision, and the other provisions of these terms and conditions shall remain in full force and effect.

Description of Services

Our Services include websites, clinical portals, applications, and information relating to Oncocyte’s testing services, online ordering, test delivery, billing, educational materials for patients and healthcare professionals, and related services. Our Services allow authorized users to order certain diagnostic tests, procedures, or services and to access patient information, laboratory test results, relevant documentation, and other information. We may modify or discontinue any aspect of our Services at any time and without notice.

Website and Services Usage

You agree not to use the Website and Services in any manner that could disable, overburden, or impair our servers or networks, or that interferes with others’ use, gain or attempt to gain unauthorized access to any of the Services, other accounts, or any computer systems or networks connected to the Website or any of the Services, or access any information or materials you are not expressly authorized to access. You shall not attempt to gain unauthorized access to the Services, attempt to circumvent any security or authentication measures, probe, scan or test the vulnerabilities of our Website or Services. You shall not attempt to monitor or intercept data or network traffic from the Website or Services. You shall not introduce, transmit, or otherwise make available any virus, worm, spyware, or other computer code, file or program intended to damage, overburden, or otherwise interfere with the proper functioning of the Website or Services.

The Website and Services are protected by applicable law, including copyright, trademark and other laws. No logo, graphic, sound, or image from this Website or Services may be copied or retransmitted unless expressly authorized in writing by Oncocyte.  Protected health and personal information provided through the Services, such as test reports, patient information, and test requisition forms, may be used and distributed only for purposes of treatment, payment, or relevant healthcare operations.

Except as otherwise provided, Oncocyte owns all of the content on its website, including without limitation Oncocyte logos, software, images, text, graphics, and arrangement. Content may contain other proprietary notices or describe products, services, processes, or technologies. Oncocyte respects the intellectual property rights of third parties and requests users of the Services to notify us if they believe any content on this Website or Services may violate or infringe upon the intellectual property rights of any third parties. By publishing this content, Oncocyte is not granting any license under any trademark, patent, copyright, or other intellectual property right of Oncocyte or any third party.

Access to password-protected and/or secure areas of the Services is limited to authorized users only and requires creation of an account. For example, healthcare professionals desiring to order tests or view test results through the Website are required to register and establish an account to use these features. You must provide complete and accurate information on your account and update such information as necessary.

You are responsible for maintaining the confidentiality of your account and password information, and you agree not to share or transfer your account and/or password information. You agree to notify Oncocyte immediately of any unauthorized use of your account or any other breach of security of which you become aware. You further agree to accept responsibility for all activities that occur under your account or password. You agree not to use another’s account or password information at any time.

Access to the Website and Services

We try to make the Website and Services available 24/7. However, the Website and Services may not be available during certain times due to systems repair, maintenance, or unexpected downtime. We do not guarantee 24/7 access to the Website or Services, and we are not liable for your inability to access either. We provide Customer Service support from 5 am – 6 pm Pacific Time / 7 days per week , or as otherwise posted.

Linked Sites

This Website may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Oncocyte’s control, and Oncocyte is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Any links to our Website must not present false information about Oncocyte products, services, or technology, nor by the appearance, positioning, and other aspects of the link create a false appearance that another entity, its activities, or products are associated with, sponsored, or endorsed by Oncocyte.

Privacy Policy

In using the Services, you may provide certain personal and health information to us. Oncocyte will use and disclose your personal information only in accordance with and our Privacy Policy, and Website Privacy Statement, which is incorporated by this reference into these terms and conditions.

We Do Not Provide Medical or Professional Services Advice

Nothing contained on the public areas of the Website is intended to constitute medical advice, instruction for medical diagnosis, or guidance for treatment.  Information provided on the public areas of the Website should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from the public areas of the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of the consultation or advice of a physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified health care provider.

International Use

Our Website and Services are hosted in the United States. Although this Website and Services may be accessible worldwide, we make no representation that all materials on this site are appropriate or available for use in all worldwide locations and accessing them from territories where their contents are illegal is prohibited. If you choose to access this site from outside the United States you do so on your own initiative and are solely responsible for compliance with local laws.

Indemnification

You agree to indemnify and hold the Company (and its officers, directors, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services or any feature of service of the Website, (ii) your violation of these terms and conditions, including without limitation misuse of account and password information, or (iii) your violation of applicable law. Oncocyte reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. Oncocyte will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

LIMITED WARRANTIES / DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK.  ONCOCYTE MAKES NO RESPRESENTATIONS ABOUT THE RELEVANCE OR ACCURACY OF THE INFORMATION ON THE WEBSITE, AND THE INFORMATION AVAILABLE THEREON IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, ONCOCYTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ONCOCYTE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, COMPUTER BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ONCOCYTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENTS OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR THE SERVICES.

Contact Information

If you have any comments or questions regarding these Terms and Conditions, please contact us at customer.service@oncocyte.com.

 

Last Updated: January 2020