The National Pancreatic Cyst Registry | Terms and Conditions
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Terms and Conditions

 

Terms and Conditions of Use for the RedPath Site

AGREEMENT TO TERMS OF USE

This is a legal agreement between you and RedPath Integrated Pathology, Inc. (“RedPath”, ‘we” or “us”). Please read these Terms and Conditions of Use (“Terms of Use”) carefully. These Terms of Use apply to the RedPath web site located at www.redpathip.com, and all associated sites linked to www.redpathip.com by RedPath and its affiliates (collectively, the “RedPath Site” or the “Site”).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE REDPATH SITE. Provided you agree and comply with these Terms of Use, RedPath grants you a personal, limited, revocable right to access and use the RedPath Site.

RedPath maintains the RedPath Site as a service to the Internet community. The RedPath Site has been designed to provide general information about RedPath and its products and research. The information on the RedPath Site is provided solely on an “AS IS” and “AS AVAILABLE” basis.

RedPath does not, by or through the RedPath Site, offer for sale any products or services.  PathFinderTG® is a diagnostic test that can only be ordered by an authorized healthcare provider.

RedPath may revise or modify these terms and conditions from time to time.  Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the RedPath Site. Any use of the RedPath Site by you after such notice shall be deemed to constitute acceptance of the changes.

RedPath’s Privacy Policy (the “Privacy Policy“) is a part of these Terms of Use governing your use of the RedPath Site, and its terms are incorporated herein by this reference.

OWNERSHIP OF SITE AND CONTENT

The RedPath Site is the property of RedPath and its affiliates and licensors.  All content, including, without limitation, all text, graphics, photographs, trademarks, logos, sounds, artwork and the computer code comprising the same (collectively, “Content”), and the design and arrangement of such Content, contained on the RedPath Site is owned, controlled or licensed by or to RedPath, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

RedPath enforces its intellectual property rights to the fullest extent permitted by law.  All product or service names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of RedPath, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted.  All content of the RedPath Site, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted, or otherwise used except that you may view, use, and download a single copy of the RedPath Site for your informational, non-commercial use.  Except as provided herein, no part of any content or software on the RedPath Site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of RedPath.  The use or misuse of RedPath’s trademarks, service marks copyrights, or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.

YOUR USE OF THE REDPATH SITE

Except as set forth in these Terms of Use, you may not copy, reproduce, display, transmit or distribute any part of the RedPath Site or the Content in any way without RedPath’s prior written consent.  You may use information on RedPath products and services purposely made available by RedPath for downloading from the RedPath Site, provided that you (1) not remove any proprietary notice language in all copies of such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information (including, without limitation, dividing information on the RedPath Site in such a way that materially alters the meaning of such information when not displayed as a single compilation), and (4) not make any additional representations or warranties relating to such information.

You may not use any process or means (including circumventing security protocols or the navigational structure of the RedPath Site) to access any information not purposely made available by RedPath through the RedPath Site.  You may not attempt to gain or actually gain unauthorized access to any portion or feature of the RedPath Site, or any other systems connected to the Site, or to any of the services offered on or through the RedPath Site, by illicit or illegitimate means.

You may not use any means to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not manipulate or falsify any transmittal (including data and personal information) you send to RedPath through the Site.

You may not use the RedPath Site or any Content for any unlawful purpose, including the solicitation of any unlawful activity, or other activity that infringes the rights of RedPath or others.

PRIVACY; SECURITY

RedPath’s Privacy Policy applies to your use of the RedPath Site, and its terms are made a part of these Terms of Use.  Any information you provide at the RedPath Site shall be deemed to be non-confidential.  RedPath shall be free to use such information as provided in these Terms of Use.  RedPath may also disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the RedPath Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) RedPath’s rights or property, or the rights or property of visitors to or users of the RedPath Site, including RedPath’s customers.

You acknowledge and agree that data transmissions are never completely private or secure.  You understand that any message or information you send to the RedPath Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

LINKS

The RedPath Site 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 RedPath’s control, and RedPath 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.

DISCLAIMERS

REDPATH DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. REDPATH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. REDPATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REDPATH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY REDPATH SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST REDPATH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

VIOLATION OF THESE TERMS OF USE

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to RedPath, for which monetary damages would be inadequate, and you consent to RedPath obtaining any injunctive or equitable relief that RedPath deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies RedPath may have at law or in equity. You agree that RedPath will not be liable to you or to any third party for termination of your access to the Site for any reason.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the RedPath Site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Allegheny County, Pennsylvania, and waive any objection to such jurisdiction or venue.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.  In the event of any controversy or dispute between RedPath and you arising out of or in connection with your use of the RedPath Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.  If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.  If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

MISCELLANEOUS

You may not use the RedPath Site or any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  These Terms of Use constitute the entire agreement between you and RedPath with regard to your use of the RedPath Site, and any and all other written or oral agreements or understandings previously existing between you and RedPath with respect to such use are hereby superseded and cancelled.  RedPath will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected.  RedPath’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by RedPath of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between RedPath and you or any other party be deemed to modify any provision of these Terms of Use.  These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

RedPath may seek any remedies available at law and in equity for violations of these terms and conditions for using the RedPath Site, including the right to block access from a particular Internet address to the RedPath Site.

UPDATES; TERMINATION OR SUSPENSION OF ACCESS

The information contained in this web site is subject to change at any time and without notice, and RedPath makes no commitment to update the materials on the RedPath Site, including information that may be out of date.

RedPath may, at any time and without notice, modify, suspend or terminate operation of or access to the Site, or any portion thereof, or interrupt the operation of the Site, or any portion thereof.

CONTACT INFORMATION

When communicating with us regarding these Terms of Use, our Privacy Policy, or your rights with respect to our use and disclosure of your Protected Health Information as described in the HIPAA Privacy Notice posted on the RedPath Site, please use the following contact information:

RedPath Integrated Pathology, Inc.
Attention: Privacy Officer
2515 Liberty Avenue
Pittsburgh, PA 15222

EFFECTIVE DATE OF TERMS AND CONDITIONS OF USE:  January 21, 2008