These Terms and Conditions are a contract between you and NDX, a company with headquarters at 6351 Chalet Drive, Los Angeles (Commerce), CA 90040. NDX is pleased to provide this website (www.ndxusa.com) for your personal use. However, by using this website, you agree to the terms and conditions provided below and the Privacy Policy on the website, as they govern your access to and use of this website.

 If you do not agree to these Terms and Conditions, please do not visit or use this website. This website is not intended for use by persons under the age of 18 or by any users previously suspended or removed from this website by NDX. By using this website, you represent that you are at least 18 years of age and have not been previously suspended or removed from any part of this website by NDX.

 
Use of Website and Website Material 

Except as expressly stated therein, this website is provided for your personal, non-commercial use. NDX reserves the right to restrict your use of this website at any time. It is a condition of your use of the website that you do NOTE:

1. Restrict or inhibit any other user from using and enjoying the website.

2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity.

3. Post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, ethnic or racial slurs, hate propaganda, hate mongering, swearing or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of the return key or flooding.

4. Post, upload or transmit any content that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees to these Terms and Conditions.

5. Post, upload or transmit any information, software or other material that contains a virus or other harmful or corrupted component.

6. Post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software.

7. Post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters”.

8. Solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users.

9. Impersonate any person or entity or falsely state or otherwise misrepresent your professional self or other affiliation with any person or entity or indicate that you are an employee or representative of NDX or its affiliates.

10. Resell or redistribute the information derived from the website in a machine-readable database.

11. Use the website to collect personally identifying information about users of the website in violation of the privacy policy for the website.

12. Disguise a file type to thwart NDX’s detection process. If your use of the website causes NDX to be liable to any third party, you agree to indemnify NDX, its employees, officers, directors, affiliates, subsidiaries, agents, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result.

 
Ownership of Content 

This website is owned and operated by NDX. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of this website are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and regulations. All Materials contained on this website are the property of NDX or its parent or affiliated companies and/or third-party licensors, and it is NDX’s policy to enforce its intellectual property rights to the utmost extent as set forth in applicable laws, including criminal sanctions. All trademarks, logos and service marks displayed on this website, whether registered or unregistered, are owned or licensed exclusively by NDX or its affiliates and/or other third parties. Nothing contained in these Terms and Conditions, nor your use of the Materials or the transmission of the Materials on this website, shall be construed as granting you any license or right in or to any patents, copyrights, trademarks, logos, or service marks owned or controlled by NDX and/or any third parties. NDX reserves all rights not expressly granted in this Terms and Conditions. License NDX hereby grants you a nontransferable, nonexclusive license to use the Materials contained on this website solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained in this website for your personal use provided that both the copyright notice and the permission notice appear on the copy and provided that the Materials are not modified. You shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications. Except as expressly provided herein, NDX does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

 

No Medical Advice

The health information contained in this website is provided for educational purposes only and is not intended to replace discussions with a physician or other healthcare provider. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that NDX is providing the Materials for informational purposes only, and that NDX is not providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials when choosing a treatment plan, or evaluating any other medical advice regarding any disease or medical condition. NDX strongly urges that you consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.

 

Privacy

You confirm that you have read and accept our Privacy Policy.

 
Modification of these Terms and Conditions; Termination. 

NDX reserves the right, at our discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without prior notification. Please check these Terms and Conditions periodically for changes. Your continued use of this website after the posting of changes constitutes your binding acceptance of such changes. NDX reserves the right to limit, suspect or terminate your access and use of this website at any time without notice.

 
Third-Party Sites, Products and Services; Links. 

For the convenience of our visitors, this website may include links or references to other external websites or services. Links may lead to resources located on servers maintained by third parties over whom NDX has no control. NDX is not responsible for third party content or the consequences of your use of such links. NDX does not endorse any such links or the information, materials, products, or services contained on or accessible through posted links. While NDX attempts to provide links only to third-party websites that comply with all applicable laws and regulations and NDX standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of other links, including the information, materials, products, and services is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. NDX makes no warranties, express, statutory or implied, with respect to posted links. You acknowledge and agree that NDX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through posted links.

NDX claims no ownership in, nor any affiliation with, any third-party trademarks appearing in this website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of NDX should be inferred from the use of these marks.

 
Expert Advice or Opinion. 

As a useful resource to our visitors, this website may contain expert opinions. Information in this website identified as expert opinion, or accessed from this site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of NDX.

 
Disclaimer of Warranties 

NDX is committed to keeping this website up-to-date. This website has been developed as a service of NDX for consumers seeking basic healthcare information. Like any other service, in spite of our efforts, the information in this website may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, NDX does not guarantee the accuracy and completeness of any information contained in this website. This website and Materials are provided to you on an “as is” basis. NDX DISCLAIMS ANY AND ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 
Limitation of Liability and Damages 

NDX AND ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, IS LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE) WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ANY MATERIAL FROM THIS WEBSITE , EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

NDX assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this website or any materials provided on this website.

 
Indemnification 

You agree to indemnify, save, and hold NDX, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this website, any violation by you of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you in connection with your use of this website. NDX reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NDX, and you agree to cooperate with NDX’s defense of these claims. NDX will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 
Special Considerations for International Use 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

Applicable Law 

You agree that the laws of the State of California govern any use of this website, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this website or material from this website. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any controversy or claim arising out of or relating to this Terms of Use or breach hereof, or otherwise relating to this website (with the exception of injunctive relief sought by NDX for any violation of NDX’s proprietary rights), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. The arbitration shall be decided by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes. The language of the arbitration shall be English. The location of arbitration shall be Los Angeles, California, USA. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including reasonable attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties. Subject to the dispute resolution procedures and requirements set forth above, the courts of the State of California, as well as appropriate federal courts located in the State of California, shall have exclusive jurisdiction over all claims.

Idea Submission

NDX does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to NDX, you agree that the idea becomes and remains the sole and exclusive property of NDX without further liability or compensation to you. NDX welcomes your comments and suggestions on this website, but NDX does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that NDX may publish such information, use it as part of its operations, and incorporate its concepts in NDX products without liability or compensation to you.

Miscellaneous 

The failure of NDX to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you and NDX nevertheless agree that (a) the court should endeavor to give effect to the intentions as reflected in the provision, and (b) the other provisions of the Terms and Conditions remain in full force and effect. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. This is the entire agreement between the users of this website and NDX relating to the subject matter.

THE STATEMENTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS FEATURED ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

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