Terms of Use

LabLynx (“We,” “Us” or “Our”) Terms of Use.

Rev. 1/15/2016

By accessing or using Our website (“Website”), which is owned by LabLynx, Inc., a Georgia corporation, you (“You”) acknowledge that you have read and agree to these Terms of Use (“Agreement”). We reserve the right to change, modify, add or delete all or parts of this Agreement from time to time. You agree to check this page to determine if there have been changes to this Agreement.

This Agreement applies to registered users of the Website and other or non-registered users who access or use the Website. To access or use the Website, You must accept this Agreement.

Registration.

To use parts of the Website, you may need to register as a user. You are prohibited from registering as a user where prohibited by law. The Website is intended solely for users who are 18 years of age or older. By registering as a user of the Website, you warrant you are over the age of 18 years and agree to abide by the terms of this Agreement. You agree to provide truthful and accurate information to Us and to keep that information updated from time to time. We reserve the right to remove anyone as a registered user of the Website for any reason.

Content.

You agree that you are the owner or otherwise have all rights to contribute any content that you post on the Website, including but not limited to articles, comments, revisions, photos, profile information, messages, and any other contributions or content that you upload, publish or display on or through the Website, or transmit to or share with other users and the general public (collectively “Content”). You agree that the Content (if any) you submit on the Website, to the best of your knowledge and belief, is accurate and truthful. You grant permissions to other users of the Website and to the general public to freely re-distribute and re-use the Content you submit. By submitting any Content, you agree that your Content is licensed under the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/legalcode) (the “Creative Commons License”) and the GNU Free Documentation License (http://www.gnu.org/copyleft/fdl.html) (the “GNU Free License”). To the extent of any conflict among the Creative Commons License and the GNU Free License, the Creative Commons License shall apply. You agree to allow commercial uses of your Content, so long as such uses are otherwise compliant with the remaining provisions of the licenses.

User Conduct.

In using the Website, You agree not to:

Abuse, harass, threaten, impersonate or intimidate anyone;

Post or transmit any Content that is obscene, pornographic, abusive, offensive, profane or which violates any law or rights of any third party, or post Content that is not appropriate for the Website (i.e., which contains ethnic or religious slurs, intolerance, and the like);

Post any illegal or unauthorized Content;

Violate any laws to which you are subject in your jurisdiction (including copyright laws and laws regarding online conduct and acceptable Content);

Post or upload, email, transmit, make available or link to any material that contains software viruses or any other computer code designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;

Post, upload, transmit, otherwise make available or link to any content that infringes any patent, trademark, trade secret, copyright, intellectual property, or other proprietary rights of anyone; and/or

Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.

Submitting Content to the Website.

You are solely responsible for the Content which You submit. You agree not to submit Content to the Website that you did not create or that you do not have permission to submit. You acknowledge that others may, but are not obligated to, edit, delete, or remove (without notice) any Content from the Website, for any or no reason. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to direct Us to copy, store, publish, display and distribute Content submitted by You.

We have no liability for loss, damage or destruction of your Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post on the Website.

When you post Content on the Website, you authorize Us to make such copies as it deems necessary to facilitate the Website.

Claims of Copyright Infringement.

For notifications of claimed infringement, contact our Designated Agent (DMCA Agent) under the Online Copyright Infringement Liability Limitation Act (OCILLA) of the Digital Millennium Copyright Act (DMCA), 17 United States Code Section 512: John H. Jones, 2400 Lake Park Drive, Suite 435, Smyrna, Georgia 30080. You may email the Designated Agent to [email protected]. If you send notification of claimed infringement by email, include “Notification of Claimed Infringement” in the subject of your email. Only notifications of claimed infringement should be sent to the Designated Agent.

We hereby adopt a policy which provides for the termination in appropriate circumstances of subscribers, account holders and users of Us who are repeat infringers.

Disclaimer.

While We provide rules for user conduct and submissions, We do not control and are not liable in any manner for any content, including your Content, submitted on the Website.

We are not responsible for the content or conduct of any user of the Website. You understand that, in using the Website, You may be exposed to content that you find offensive, indecent or objectionable and that you use the Website at your own risk.

We make no representation or warranty of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services or related graphics on the Website for any purpose. Any reliance You place on such information is strictly at your own risk.

THE WEBSITE IS PROVIDED “AS IS, WHERE IS.” WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO CONTINUITY OF SERVICE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. We do not represent that any information obtained by You as a result of the Website will be free of error, accurate or reliable.

LIMITATIONS OF LIABILITY. IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, GOODWILL, LOSS OF DATA OR OTHER LOSSES OR DAMAGES, ARISING FROM YOUR USE OF OUR WEBSITE OR ANY CONTENT THEREON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO USE THE WEBSITE, WHICH LIABILITY IN ANY EVENT SHALL NOT EXCEED $100 (U.S.). YOU FURTHER ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US TO USE THE WEBSITE, YOU ARE LIMITED TO INJUNCTIVE RELIEF ONLY, AND ARE NOT ENTITLED TO DAMAGES FROM US REGARDINGLESS OF THE CAUSE OF ACTION.

Links.

The Website may have links to other sites, either inserted by Us or other users. Proceed to such other sites at your own risk, as We have no control over the nature, content or availability of other sites. The inclusion of any links does not imply a recommendation or endorse the views expressed on them.

Governing Law.

By using the Website, You agree that the Website is hosted in the United States. Through your use of the Website, you may be transferring personal information to the United States and you consent to (a) such transfer and (b) the application of the laws of the State of Georgia, United States, without regard to principles of conflicts of laws, which govern this Agreement and any dispute that may arise among You and Us.

Consent to Jurisdiction and Venue. You agree not to commence or prosecute any action in connection with this Agreement, the Privacy Policy, or your use of the Website other than in the state and federal courts having jurisdiction in Cobb County, Georgia, of the United States, and You consent to and waive all defenses of lack of jurisdiction and forum non conveniens with respect to such jurisdiction and venue in the state and federal courts of Cobb County, Georgia, United States.

Other Company’s Names. All company names mentioned in the Website are the trademarks or registered trademarks of their respective companies.

Miscellaneous.

This Agreement and Our Privacy Policy contains the entire agreement among you and You regarding the use of Our Website, and supersedes all prior agreements and understandings among you and Us arising out of your use of the Website. To the extent a translation of this Agreement differs from the English language, the English language version controls. If We do not exercise or enforce any right, remedy or provision of this Agreement, it shall not constitute a waiver of such right or provision. If any part of this Agreement is invalid or unenforceable, the remaining parts of this Agreement shall not be affected thereby.