Terms of Use

SUMMARY

Avails Medical, Inc., a Delaware corporation (“Avails”) offers in vitro diagnostic products and services to address the global challenge of antibiotic resistance and healthcare associated infections. The Avails website provides information about Avails but does not provide medical advice. Please consult your physician for any such advice. We refer to our products and services available from time to time in any medium, including our hardware and software, as our “Services”. Our Services are provided by us – and when we say “us” or “we” that means Avails.

Information provided to Avails is not subject to the US Health Insurance Portability and Accountability Act of 1996 Privacy Rules.

These Terms and Conditions (these “Terms”) apply to the use of the Avails website, and to any offers, quotes, orders or other agreements related to the purchase. These Terms may be updated from time to time without notice.

By accessing the Avails website you are agreeing to be legally bound by these Terms. Please read the Terms carefully. Avails shall not be bound by, and specifically objects to, any term, condition, or other provision which is different from or in addition to the provisions of these Terms which a user of our Services (a “User”) may include in a purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Avails specifically agrees to such provision in a written instrument signed by Avails. Avails’ acceptance of any order or other contract by a User is expressly conditioned by the User’s agreement to these Terms.

Please note that the “Disputes” section of these Terms contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any other sorts of representative actions.

The capitalized words used in these Terms are either defined here (generally by using quotes the first time we use the term) or in our Privacy Policy, which is accessible at https://availsmedical.com/privacy-policy/.

WARRANTIES, LIMITATIONS AND DISCLAIMERS OF LIABILITY, REMEDIES

1. Avails makes this website available to you on an “as is” basis. It is your responsibility to ensure that the website is suitable for your intended purposes. We accept no liability as to the suitability or fitness of the website in meeting your needs and we exclude all express or implied warranties, representations, conditions or terms. Avails makes no representations or warranties as to this website, including the accuracy of information. Your use of this site is at your sole risk. Avails is not liable for any direct, incidental, consequential, indirect, punitive, or other damages arising out of your access, use, or inability to use this website, or any errors or omissions in the content of this website. Any links on the avails website to other websites are not controlled by avails and avails has not ensured the accuracy of information on these sites. Avails does not assume responsibility for information provided on this or other sites.

INDEMNIFICATION

You agree to indemnify, defend, hold harmless and pay reasonable fees to Avails, its affiliates and their respective officers, directors, employees, agents and representatives from and against any and all loss, costs, and expenses from third party claims or suits associated with your use of this website, your breach of any representation, warranty or covenant contained herein, or your failure to comply with any or all laws or other regulatory requirements.

USE OF DATA

To the extent either Party creates, receives, maintains, transmits or otherwise has access to any protected health information (“PHI”) in the course of performing under this Agreement, such Party shall only use and disclose such PHI as permitted by the administrative simplification section of the Health Insurance Portability and Accountability Act of 1996, Pub. Law 104-191 (August 21, 1996), its implementing regulations, and the Health Information Technology for Economic and Clinical Health Act and its implementing regulations.

FORWARD LOOKING STATEMENTS

This website and other marketing and similar materials provided by Avails may contain forward-looking statements, the accuracies of which are subject to risks and uncertainties. Actual events or results may differ materially from these forward-looking statements.

INTELLECTUAL PROPERTY

The use or misuse of Avails’ copyrighted material, trademarks, or other materials is prohibited and may be in violation of laws, statutes, and/or regulations. The content of this website, including any images or text, is copyrighted and may not be downloaded, modified, distributed, reused, reposted, or otherwise used without the express written permission of Avails.
You may not frame, link or deep-link this website to any other website without our prior written consent. Should you wish to frame or set up a link or deep link to our website please contact us using the contact information on this Site.
If you believe that your intellectual property work has been infringed, you may notify Avails by providing the following in writing:

1. Identification of the item that you claim has been infringed;
2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Avails to locate the material;
3. Your name, address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
5. A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the IP owner or are authorized to act on the owner’s behalf; and
6. The electronic or physical signature of the owner or a person authorized to act on the owner’s behalf.

DISPUTES

We hope that we can resolve your issues quickly and fairly. If we can’t, then these rules shall govern any legal dispute involving our Services.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws shall apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Any arbitration or mediation under the Terms shall take place on an individual basis. You understand that by agreeing to the Terms, you and Avails are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees shall be in accordance with the Consumer Arbitration Rules.
Any legal action against Avails related to our Services must be filed and take place in San Mateo County or Santa Clara County. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Santa Clara County, California, and any in-person hearings shall be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Avails agree to submit to the personal jurisdiction of a state or federal court located in or within 50 miles of Santa Clara County, California.

If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, these Terms and any action related to these Terms shall be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California
If we make any changes to this section after the date you last accepted the Terms, those changes shall not apply to any claims filed in a legal proceeding against Avails prior to the date the changes became effective. Avails shall notify you of substantive changes to this section at least 30 days prior to the date the change shall become effective. If you do not agree to the modified terms, you may send Avails a written notification (including email) or close your Account within those 30 days. By rejecting a modified term or permanently closing your Account, you agree to arbitrate any disputes between you and Avails in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection.