Terms and Conditions
Last Updated September 9, 2020
1. Acceptance of the Terms and Conditions
1.1. Lab Express Inc. (herein referred to as the “LXI,” “we,” “us” or “our”) provides the information, features, and services available on or through labxpress.com (the “Service”) to our users (“you”, “your”). All use of the Service is subject to the terms and conditions contained in this Terms of Service Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Service.
1.2. You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the labxpress.com Home Page. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
2. Use of the Service
2.1. This Service contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and the Service shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2. The trademarks, service marks, and logos of LXI used and displayed on this Service (“Trademarks”) are registered and unregistered trademarks or service marks of LXI. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of LXI specifically granted for each such use. The Trademarks may not be used to disparage LXI, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Service is prohibited without LXI prior written consent.
2.3. All software embodied in the labxpress.com website or otherwise used by LXI to deliver the Service (“Software”), and all data generated through use of the Service (“Use Data”), is proprietary to us or to our third party licensors and is protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Use Data is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
2.4. You agree not to: (a) take any action that imposes an unreasonable load on the Service’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service, (d) delete or alter any material posted on the Service by LXI or any other person or entity, or (e) frame or link to any of the materials or information available on the Service.
4. Your Account
4.1. You must provide accurate and complete registration information any time you register to use the Service. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to your account, and to maintain and update promptly any changes in this information.
4.2. You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify LXI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LXI shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.
4.3. The following actions are expressly prohibited in relation to your username and password:
(i) Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your username and password;
(ii) Using the username and password to cache the Service in such a manner as to be accessible by persons who have not registered with LXI; or
(iii) Using the username and password to permit multiple persons access to the Service through a local or wide area network.
4.4. If you have forgotten your username or password, the Service will use an email address provided by you to send your username or temporary password. You understand that others using the same email address will be able to gain access to your account information.
4.5. Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Service, or You must be the legal guardian for someone under age 18 whose data is accessed through the Account Service.
4.6. If you use a mobile device to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.
5. Limitation of Liability and Disclaimer of Warranties
5.1. LXI, its affiliates, their respective owners, officers, directors, employees, agents, suppliers, or licensors (collectively, the “company parties”) make no warranties or representations about the content, including but not limited to its accuracy, reliability, completeness, timeliness or reliability. LXI shall not be subject to liability for the truth, accuracy or completeness of the content or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the service and the content at your own risk.
LXI does not warrant that the service will operate error free or that the service, its server, or the content are free of computer viruses or similar contamination or destructive features. If your use of the service or the content results in the need for servicing or replacing equipment or data, LXI shall not be responsible for those costs.
The service and content are provided on an “as is” and “as available” basis without any warranties of any kind. LXI disclaims all warranties, including, but not limited to, the warranties of title, merchantability, non infringement of third parties rights, and fitness for particular purpose.
5.2. In no event shall LXI be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the service and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if LXI has been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless LXI from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content, Trademarks or the Service. LXI shall provide notice to you of any such claim, suit, or proceeding. LXI reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting LXI defense of such matter.
7. Termination of the Agreement
7.1. LXI reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service or the Content at any time and for any reason without prior notice or liability. LXI reserves the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.
7.2. Sections 2 (Use of the Service), 4 (Your Account), 5 (Limitation of Liability and Warranty), 6 (Indemnification), 7 (Termination of Agreement), shall survive the termination of this Agreement.
8. User Must Comply with Applicable Laws
8.1. This Service is hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
8.2. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are not a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
9. U.S. Government Restricted Rights
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Service or Content by the Government constitutes acknowledgement of our proprietary rights in the Service and Content.