WEBSITE TERMS OF USE

Welcome to Oncocyte.com (the “Site”). Please read these terms and conditions (“Terms of Use”) carefully before using this Site. By accessing or using the Site, you agree to be bound by these terms and conditions. The provision of information and services on this Site by the owners and operators of Oncocyte.com and their agents are subject to your agreement to the terms and conditions below.

1. Scope of These Terms; Site Use 

These terms of use apply to your use of the Site. The Site is owned and operated by Oncocyte Corp. (“Oncocyte”).

Oncocyte grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Oncocyte, and Oncocyte may terminate your use of this website at any time.

2. Disclaimer of Content

This site provides information about our company and its subsidiaries, and the products and services offered by each of them, including diagnostic health testing and services, data analysis, clinical trials capabilities, and information about various health conditions.

The clinical information contained within our site is intended for the use of healthcare professionals. Healthcare professionals should exercise their own clinical judgment when using our content, tools, or databases.

If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.

The information (including, without limitation, advice, and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Use of this Site does not create a physician-patient relationship or other healthcare provider and patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment.

While Oncocyte attempts to keep all the information on the Site up-to-date, medical treatment and knowledge change quickly, and this Site should not be considered error-free or as a comprehensive source of all information on a particular topic. Oncocyte makes no warranties or representations as to the accuracy of the content of the Site and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this Site. Your use of the Site is subject to additional disclaimers and caveats that may appear throughout these terms and conditions and the Oncocyte Site. You assume the entire risk of loss in using this Site and materials contained in the Site.

Nothing contained in this Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Features, prices, and specifications of products or services described or depicted on the Site are subject to change at any time without notice.

Certain information on this site may be provided by third parties. Please review the website, product labels, disclaimers, and other information of such third parties for additional terms and conditions.

The Site is intended for adults only. This website is not intended for any children under the age of 13.

3. Copyright, Trademarks, and other Intellectual Property

Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. All materials on the Site may be accessed, downloaded, or printed for the noncommercial purpose of scientific or educational advancement or within the scope allowable by these terms and conditions. No other use of these materials may be made without express written permission of the operators of Oncocyte. Any unauthorized use of the words or images on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Site includes material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Site. The copyrights are owned by Oncocyte, or for licensed content, the content providers.

Oncocyte.com is owned by Oncocyte. None of the names, trademarks, service marks and logos of Oncocyte (including of its products and services) appearing on this Site may be used in any advertising or publicity, or otherwise to indicate Oncocyte’s sponsorship of or affiliation with any product or service without express written permission of Oncocyte. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written permission of the owners and operators of Oncocyte.com or the third-party owner of the trademark, if any. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

4. Right to Change Terms and Conditions

Oncocyte may, at any time and from time to time, change these terms and conditions. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on the Site. You agree to review these terms and conditions periodically, and use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

5. Links to Other Sites

This Site may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third-party content and links as a courtesy to our users. We have no control over any third party-owned web sites or content referenced, accessed by or available on this Site and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third party sites from Oncocyte, we encourage you to consult the policy statements of each site you visit. 

6. Links to This Site

We welcome links to this web site. We do not wish and do not give permission to be linked to or from any third-party web site or link which contains:

• any information that misrepresents the nature of your relationship with our organization, or incorrect facts or data about our organization; or
• any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Oncocyte or its subsidiaries; or
• any material or information of any kind, which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
• any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.

We reserve the right to prohibit or refuse to accept any link to the web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

7. Logins

Certain features or services offered on or through the Site may require you to open an account (including setting up a login and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Oncocyte immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Oncocyte or any other user of or visitor to the Site due to someone else using your login, password, or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s login, password, or account at any time without the express permission and consent of the holder of that login, password, or account. Oncocyte cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

8. Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

9. Advertising and Sponsorships

We do not accept paid advertisements or sponsorships on this Site.

10. Disclaimer of Warranty; Limitation of Liability

ONCOCYTE, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF ONCOCYTE, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED HEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THIS SITE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE. ALL INFORMATION, SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

UNDER NO CIRCUMSTANCES WILL ONCOCYTE, ITS AFFILIATES, OR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS TERMS OF USE AND THIS SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

11. Privacy Policy

If you had testing or other healthcare services performed by us, in which we received or generated PHI (as such term is defined under the Health Information Portability and Accountability Act, as amended), please see our Notice of Privacy Practices found here. Visitors of the Site should review our Privacy Policy found here. Oncocyte reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Indemnification

You agree to indemnify, defend and hold harmless Oncocyte, its suppliers and Oncocyte’s respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to (i) your violation of these terms and conditions and (ii) your posting of material to this Site, if any.

13. Applicable Law

These terms and conditions and the resolution of any dispute related to these terms and conditions shall be construed in accordance with the laws of the State of California. Any dispute between Oncocyte and you related to these terms and conditions shall be resolved exclusively by the state and federal courts of the State of California.

This Web site can be accessed from the United Stated and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this site.

Oncocyte makes no representation that material on this site is appropriate or available for use in other locations and accessing them from territories where their content is illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws.

14. Termination

These terms and conditions are effective unless and until modified as noted above, or terminated, at any time, by Oncocyte. If, in the sole discretion of Oncocyte, you fail to comply with these terms and conditions, Oncocyte may terminate these terms and conditions without notice and deny you access to the Site.

15. Contact Information

Corporate Headquarters
Oncocyte
15 Cushing

Irvine, CA 92618

949.409.7600

Specific questions and comments should be directed to the appropriate department via our Contact Us page. While we make every effort to respond to all emails within one (1) business week, we cannot guarantee a response to every electronic communication.