Terms and Conditions of Use
Last Updated on October 5, 2020
Thank you for visiting this website (“Website”) which is owned and operated by Chembio Diagnostic Systems, Inc., a Delaware Corporation (“Chembio”, “us”, or “we”). Our principal place of business is located at 3661 Horseblock Road, Medford, New York.
Scope of Terms and Conditions of Use
The following terms and conditions are hereby incorporated into and constitute part of these Terms:
Permission to Access Website
We operate the Website to provide information and education to the medical and science community, as well as to inform and sell our Products to our industry customers. You are hereby granted a non-exclusive, non-transferable, revocable license to access this Website and use the Website strictly in accordance with these Terms and Conditions. Unless otherwise expressly provided, nothing on this Website constitutes an offer or solicitation to conduct business in any jurisdiction.
User Rules of Conduct
You may not access or use the Website in violation of any applicable laws, regulations, or third party rights. Not all Products identified on this Website are available in all jurisdictions. Your eligibility to receive any Product is subject to approval by Chembio or its subsidiary or affiliate. We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access to a User of the Website and to block IP addresses. We also reserve the right, to the greatest extent permitted by law, to cancel, terminate, and remove your account and any contents generated by a User on our Website or Platform, at our sole discretion and at any time, including in cases of violations of these Terms and Conditions and the following Rules of Conduct.
Rules of Conduct. You will not post, transmit, communicate any content or engage in any activity through our Website or Platform, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
- abuses, harasses, threatens or intimidates others on this Website or Platform;
- is false or misrepresentative or otherwise intended to defraud, swindle or deceive other Users of this Website or Platform;
- is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- contains video, audio photographs, or images of another person;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Websites or Services;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- uses scripts, bots or other automated technology to access the Services;
- uses the Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18;
- is in any way used for or in connection with spamming, phishing, trolling, or similar activities; or
- infringes the intellectual property right of Chembio or any third-party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.); and
- adapts, translates, modifies, sells, reverse engineers, decompiles, merges, disassembles, scrapes, distributes or otherwise creates derivative databases, services or works of or based on Chembio’s Products or the Content or use the Products or Content for any commercial purpose.
Restricted Access. Access to password-protected areas of this Website is limited to authorized Users only and may require the creation of an individual access account. You are responsible for providing Chembio with complete and accurate information regarding your account, including providing any necessary updates. Maintaining the confidentiality of your account and password information is your responsibility. You agree to notify Chembio immediately of any unauthorized use of your account. You further agree to accept responsibility for all activities that occur under your account or password. Any unauthorized individuals attempting to access password protected areas of the Website may be subject to prosecution in addition to any other remedy available at law or equity, including the suspension or termination of access to the Website.
No False Information. You agree that you will not provide inaccurate, misleading or false information to Chembio and if the information provided to Chembio subsequently becomes inaccurate, misleading or false, you will promptly notify Chembio of such a change.
Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Websites or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
License to Content. By posting information or content to our Website or Platform, you automatically grant, and you represent and warrant that you have the right to grant, to Chembio, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Chembio copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Websites;
- Reasonably sufficient information to permit Chembio to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Chembio-Designated Copyright Agent
Chembio Diagnostic Systems, Inc.
3661 Horseblock Road
Medford, NY 11763
The Website is protected by intellectual property rights held by Chembio Diagnostic Systems, Inc. Such intellectual property rights include, but are not limited to, patents, trademarks, trade names, inventions, copyrights, design rights, and rights in and to databases, know how, and any other intellectual property relating to the Website. All intellectual property rights are reserved unless granted in an express written license.
Trademarks: CHEMBIO; CHEMBIO Logo; DPP®, SURE CHECK®, STAT-PAK®, STAT-VIEW®, SAMPLE TAINER®, and NEXT GENERATION DPP® displayed on this Website are registered trademarks owned by Chembio in the United States and other countries. No license to use any of Chembio’s trademarks is given or implied by your use or access to our Website. Website Users are not permitted to use our trademarks without Chembio’s prior written consent.
Copyrights: Except as may otherwise be provided herein, Chembio owns all content contained on this Website, including, without limitation, technology information sheets; instruction sheets; white papers; other information, materials, text, graphics, user interfaces, visual interfaces, photographs, sounds, music, artwork, website design, and the selection, assembly and arrangement thereof (“Content”). The Content is protected by copyright laws of the United States and other countries. Except for the rights granted in these Terms and Conditions, no Content on this Website may be copied, distributed, displayed, modified, reproduced, performed, published, posted, or reverse engineered in whole or in part in any way, stored or transmitted by any means, including, but not limited to, electronic, mechanical, scanning, photocopying, or recording, without Chembio’s prior written consent. Any unauthorized reproduction, retransmission or other use is strictly prohibited.
Patents: Chembio is actively engaged in research and development, leading to new, updated, and/or improved technology and products. It is our policy to seek patent protection for such technology and products in the United States and foreign jurisdictions. Chembio owns a number of issued and pending patents in the United States, EPO, China, Korea, Japan, Canada, Australia, Indonesia, South Africa, Mexico, Malaysia, UK, Singapore, Brazil, Israel, India and Thailand https://chembio.com/innovation/patents/. Licensing and sublicensing inquiries should be directed to [email protected].
Disclaimer of Warranties and Conditions and Limitation of Liability
Disclaimer of Warranties and Conditions
This Website provides information about Chembio Diagnostic Systems, Inc., and the Products we offer, namely Human and Veterinary Diagnostic Testing Products. Specifications of Products described or images shown of Products on this Website are subject to change at any time without notice. The Product information on this Website is intended solely as general information and medical diagnosis or treatment.
Chembio endeavors to keep all the information on its Website current. However, medical testing, treatment and knowledge can change quickly, and this Website should not be considered error-free. Chembio makes no warranties or representations as to the accuracy of the content on this Website and assumes no responsibility for any consequences relating directly or indirectly to any action you may take based on the information on this Website. Your use of the Website is subject to the additional disclaimers and caveats in these Terms and Conditions. You assume the entire risk of loss in using this Website and use of materials referenced on this Website.
THE INFORMATION AVAILABLE ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CHEMBIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF. CHEMBIO DOES NOT REPRESENT, WARRANT OR PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. CHEMBIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (III) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY OR THROUGH THIS WEBSITE. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHEMBIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THIS WEBSITE, OR THE CONTENTS OF THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHEMBIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Chembio Diagnostic Systems, Inc. from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms and Conditions or from our termination of your access to or use of the Website. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
This Website contains information or materials that includes or is based upon forward-looking statements within the meaning of federal securities laws, including the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may be included in press releases, filings made by Chembio with the Securities and Exchange Commission, and other Website content. These forward-looking statements regarding future events and our future performance are based on expectations, estimates, forecasts, and projections and the beliefs and assumptions of our management at the time such statements are made, and are not guarantees of performance. Words such as “expect,” “anticipate,” “target,” “project,” “believe,” “goals,” “estimate,” “potential,” “predict,” “plan,” “may,” “will,” “might,” “could,” “intend,” variations of these terms or the negative of those terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements may be subject to inaccurate assumptions or affected by known or unknown risks and uncertainties. Some of these risks and uncertainties are described in detail under the heading “Risk Factors” in our public filings with the Securities and Exchange Commission. Therefore, actual results may differ materially and adversely from those expressed in or implied by any forward-looking statements. We assume no responsibility to update or revise any forward-looking statements to reflect events, trends or circumstances after the date they are made.
No Offer or Solicitation
Nothing in this Website constitutes investment advice, including press releases, investor relations materials, or our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and other Content are not offers to sell or solicitations of an offer to buy any security.
All of Chembio Diagnostic Systems, Inc. Products are intended to be used in the prescribed manner as indicated on our Product packaging and Product inserts. Users are prohibited from using the Products in a manner not expressly indicated on our Product packaging and Product inserts.
Preparations with Hazardous Substances
Chembio Diagnostic Systems, Inc. diagnostic products may contain substances that are hazardous, dangerous or require handling by a qualified trained personnel. Disposal and handling of these substances should follow the instructions identified/signaled on our Product packaging and Product inserts and as required by state or federal law.
Linking and Third Party Websites
Applicable Law and Jurisdiction
This Website and its Contents are controlled by Chembio from our offices within the United States of America. We make no representation that the information or materials on the Website are appropriate or available for use in any other jurisdictions. The Website is designed to comply with U.S. laws and regulations. Access to our Website and/or the Content or other materials from jurisdictions where such access is illegal is prohibited. Users accessing this Website or its Content located outside of the United States are responsible for compliance with applicable laws. This Website is not intended as a product solicitation or promotion of products in those countries where such activities are prohibited. You may not use or export the materials on this Website in violation of U.S. export laws and regulations. Any claims relating to our Website and its Content and other materials shall be governed by the laws of the State of New York without giving effect to any principles of conflicts of laws.
No Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
Compliance with Applicable Laws. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Website, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
Severability. If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Assignment. We may assign our rights and duties under these Terms and Conditions to any party, or we may replace the contractually bound entity by way of novation by posting on the Website or updating these Terms and Conditions with the name of another entity, at any time without prior notice to you.