Acceptance of the Terms of Use
The following terms and conditions, together with any documents or policies they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of mylabconnect.com including any content, functionality, and services offered on or through mylabconnect.com (the "Website"), whether as a guest or a registered user. you are agreeing to be bound by the Terms of Use.
Please read the Terms of Use carefully before you start to use the Website. By signing up for a MyLabConnect (MLC) account, by using any MLC service, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Data Security Agreement at www.mylabconnect.com/data-security-agreement, our HIPAA Policy, , our Rules and Policies, our Business Associate Agreement and our Privacy Policy, all incorporated herein by reference. If you do not want to agree to these terms and policies, you must not access or use the Website.
“You” (also, “user”) means, as the case may be, a Website user, the owner of the Account, or an employee, representative, consultant, contractor, subcontractor, or agent of the owner of the Account who subscribed to the Website (“Client”) and is authorized to use the Website by the Client. “We”, “us”, “our”, or “MLC” means MyLabConnect
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
MLC may in its sole discretion, without prior notice to you, revise these Terms of Use at any time. Should these Terms of Use change materially, we will update the Effective Date noted above and provide reasonable notice of changes to you, possibly including by email or by posting a notice regarding the updated Terms of Use on the Website. However, we may make changes that materially adversely affect your use of the Website or your rights under the Terms of Use at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Use will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Website after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Use as amended.
If you do not agree to the terms of the amended Terms of Use, your sole and exclusive remedy is to discontinue your use of the Website and you will be deemed to have not accepted the amended Terms of Use and so terminated this Agreement.
Account Terms
To access and use MLC, you must register for an account (“Account”). To complete your Account registration, you must provide us with your name/Company name, email address, password, price, capability, TAT, location, quality, rating and certain other information collected by MLC (collectively “Account Information”). MLC may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
To create an Account, you must be of legal age to form a binding contract in your jurisdiction and, if for a company, be authorized to bind said company. . You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the MLC , will be true, accurate, current, and complete. You may not create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account whether by you or your Users. MLC reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of MLC and your Account Information. You confirm that you are receiving any services provided by MLC for the purposes of carrying on a business activity and not for any personal, household, family or other purpose.
You acknowledge that MLC will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to MLC and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with MLC can only be authenticated if they come from your Primary Email Address.
MLC cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
Your Representations
You hereby represents that you have the authority to enter into and perform the obligations under this Agreement; All of the information provided by you is truthful, accurate and complete; The person creating the Client account is authorized to do so on behalf of the Client; and you will restrict access to MLC to your registered users.
Technical support in respect of MLC is only provided to MLC Users. You are responsible for making all arrangements for your access and ensure that any person who access MLC through your account is aware to the terms and conditions .Questions about the Terms of Use should be sent to MLC Support at support@mylabconnectmlc.com.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of MLC, use of MLC, or access to MLC without the express written permission by MLC.
You agree not to work around, bypass, or circumvent any of the technical limitations of MLC, use any tool to enable features or functionalities that are otherwise disabled in MLC, or decompile, disassemble or otherwise reverse engineer MLC.
You agree not to access MLC or monitor any material or information from MLC using any robot, spider, scraper, or other automated means.
You understand that, except for personal identifiable information (“PII”) or information otherwise prohibited from such actions, User Content may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “User Content” in this Agreement, means any information about an identifiable individual, such as your or a patient's name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you or a patient that you elect to provide electronically through the Website and any other information that identifies who you are. Personal Information will be used by MLC solely in accordance with these Terms of Use, all applicable laws and regulations, and MLC's Privacy Policy (or as otherwise agreed upon between you and MLC in writing).
Account Owner
Subject to the below, the person signing up for MLC by opening an Account will be the contracting party (“Account Owner ”) for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding Account we may provide to the Account Owner in connection with MLC. You are responsible for ensuring that the name of the Account Owner (including the legal name of the company that owns the Account, if applicable) is clearly visible on MLC.
If you are signing up for MLC on behalf of your employer, your employer will be the Account Owner. If you are signing up for MLC on behalf of your employer, then you must use your employer-issued email address and you hereby represent and warrant that you have the authority to bind your employer to our Terms of Use. The Account Owner is responsible for the acts done on his/ its behalf and for the performance of all its obligations under the Agreement.
Payments Accounts
- Upon completion of sign up for an Account, we may create a payment account on your behalf, using your Primary Email Addressand If you do not wish to keep the payment account active, it is your responsibility to deactivate it.
Fees and Taxes
You will pay the Fees applicable to your Account subscription to MLC services (“Subscription Fees”) and any other applicable fees (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at MLC’s discretion. Fees will appear on an invoice, which will be sent to the Account Owner via the Account address provided.
If we are not able to process payment of Fees, we may suspend and revoke access to your Account and MLC. Your Account may be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle, in our sole discretion. If the outstanding Fees remain unpaid for 60 days following the date of suspension, MLC reserves the right to terminate your Account in accordance with this Agreement.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”) and You are responsible for all applicable Taxes
If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to MLC of your exemption. If you are not charged Taxes by MLC, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
Other than Taxes charged by MLC to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority.
You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Account or your use of MLC.
MLC provides marketplace services as well as non-marketplace services and therefore, MLC may not be considered a marketplace for any particular transaction. Any contract of sale made through MLC between you and another customer—and not MLC-- is directly between you and the customer and MLC is not providing marketplace services. MLC does not provide refunds for non-marketplace transactions.
Intellectual Property Rights
MLC and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, data, analytics, video, and audio, and the design, selection, and arrangement thereof) are owned by MLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any of the content included on MLC, such as works, images, button icons, pictures, dialogues, music, sounds, data, analytics, videos, documents, drawings, text, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, source or object code, architecture, algorithms, functions, software, ideas, concepts, inventions, systems, platforms, interfaces, APIs, utilities, templates, forms, techniques, know-how, and other technologies, implementations and information that are used by MLC in providing MLC (collectively, the “MLC Content”) are the exclusive property of MLC or its content suppliers and is protected by national and international copyright, trademark, patent and other intellectual property laws.
These Terms of Use permit you to use MLC only as provided herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or MLC Content, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of MLC for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify / delete copies of any MLC Content from MLC including any proprietary rights details / notices.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of MLC or MLC Content in breach of the Terms of Use, your right to use MLC will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Except for your User Content, no right, title, or interest in or to MLC or any content on MLC is transferred to you, and all rights not expressly granted are reserved by MLC. Any use of MLC not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
MLC, , and all other trademarks, logos, trade names, domain names and other distinctive signs, copyrights, trade secrets and patents used in connection with MLC (collectively, the “Intellectual Property”) are property of MLC or its affiliates, or suppliers. You acknowledge that MLC retains ownership and has exclusive rights to use the Intellectual Property and MLC Content, including all improvements, enhancements, updates and corrections thereto and any Intellectual Property or MLC Content generated by MLC in the process of providing and operating MLC. You are not granted any rights in or to the Intellectual Property or MLC Content, and you agree not to use the Intellectual Property or MLC Content without the prior written authorization of MLC or the applicable Intellectual Property owners. MLC vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, MLC will prosecute any unauthorized use or reproduction of the Intellectual Property or MLC Content, any of the databases used to store the Intellectual Property or MLC Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include MLC, MLC or other confusingly similar terms or marks.
You acknowledge and agree that any and all misappropriation or misuse of the MLC Content or any other information included on
MLC, will cause irreparable harm to MLC and that in such event money damages will not constitute sufficient compensation to MLC. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the MLC Content or any other information included on MLC, you specifically consent to MLC's obtaining injunctive relief against you, in addition to any other legal or financial remedies to which MLC may be entitled.
User Materials
We do not claim ownership of the materials you provide on or though MLC; however, we do require a license to those materials, excluding User Content (“User Materials”). You hereby grant MLC a non-exclusive, transferable, perpetual, irrevocable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any User Materials provided by you in connection with MLC. We may use our rights under this license solely to operate, provide, and promote MLC and to perform our obligations and exercise our rights under the Terms of Use. You represent, warrant, and agree that you have all necessary rights in the User Materials to grant this license. You irrevocably waive any and all moral rights you may have in the User Materials in favor of MLC and agree that this waiver may be invoked by anyone who obtains rights in the materials through MLC, including anyone to whom MLC may transfer or grant (including by way of license or sublicense) any rights in the User Materials.
If you owned the User Materials before providing them to MLC then, despite uploading them to your Account they remain yours, subject to any rights or licenses granted in the Terms of Use or elsewhere. You can remove your Account at any time by deleting your Account. Removing your Account does not terminate any rights or licenses granted to the User Materials that MLC requires to operate, provide, and promote MLC and to perform our obligations and exercise our rights under the Terms of Use.
You agree that MLC can, at any time, review and delete any or all of the User Materials submitted to MLC, although MLC is not obligated to do so.
You grant MLC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Account (“Your Trademarks”) solely to operate, provide, and promote MLC and to perform our obligations and exercise our rights under the Terms of Use. If you believe that your intellectual property rights have been violated in any manner by MLC, please provide written notice of the same to support@mylabconnect.com.
Prohibited Uses
You may use MLC only for lawful purposes and in accordance with these Terms of Use. You agree not to use MLC:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the MLC’s Rules and Policies and as set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate MLC, a MLC employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of MLC, or which, as determined by us, may harm the Company or users of MLC, or expose them to liability.
Additionally, you agree not to:
- Use MLC in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of MLC, including their ability to engage in real time activities through MLC.
- Use any robot, spider, or other automatic device, process, or means to access MLC for any purpose, including monitoring or copying any of the material on MLC.
- Use any manual process to monitor or copy any of the material on MLC, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of MLC.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of MLC, the server on which MLC is stored, or any server, computer, or database connected to MLC.
- Attack MLC via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of MLC.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action including terminate or suspend your access with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of MLC or the public, or could create liability MLC.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of MLC.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through MLC. YOU WAIVE AND HOLD HARMLESS MLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on MLC, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any trade secret or intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Information About You and Your Visits to MLC
All information we collect on this Website is subject to our Privacy Policy. By using MLC, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to MLC and Social Media Features
You may link to our homepage, or the homepage of MLC, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
MLC may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on MLC.
- Send emails or other communications with certain content, or links to certain content, on MLC.
- Cause limited portions of content on MLC to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause MLC or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of MLC other than the homepage.
- Otherwise take any action with respect to the materials on MLC that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from MLC
If MLC contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Geographic Restrictions
The owner of MLC is based in the State of Chennai in India. We provide this Website for use by persons located in the United States.. Access to MLC may not be legal by certain persons or in certain countries. If you access MLC from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DMCA Notice and Takedown Procedure
MLC supports the protection of intellectual property and asks MLC merchants to do the same. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to MLC’s designated agent using our form . Upon receiving a DMCA Notice, we may remove or disable access to the materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or MLC will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF MLC OR ANY SERVICES OR ITEMS OBTAINED THROUGH MLC OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF MLC, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MLC IS AT YOUR OWN RISK. MLC, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MLC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF MLC. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT MLC, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH MLC WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT MLC OR ANY SERVICES OR ITEMS OBTAINED THROUGH MLC WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MLC, ANY WEBSITES LINKED TO IT, ANY CONTENT ON MLC OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT ENCIRCLE INNOVATIONS PRIVATE LIMITED IS FOUND LIABLE WITH RESPECT TO ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH MLC OR ANY OF ITS FEATURES OR FUNCTIONALITIES OR ITS CONTENT, OR A USER’S USE OR INABILITY OF USE THEREOF, ENCIRCLE INNOVATIONS PRIVATE LIMITED LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID TO ENCIRCLE INNOVATIONS PRIVATE LIMITED IN CONNECTION WITH PRODUCTS OR SERVICES DURING THE PRIOR TWELVE (12) MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of MLC, including, but not limited to, your User Content, any use of MLC's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from MLC.
Governing Law and Jurisdiction
All matters relating to MLC and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India , without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or MLC shall be instituted exclusively in the courts of India we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of MLC, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration and Conciliation Act, 1996.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR MLC MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by MLC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use , our Data Security Agreement at www.mylabconnect.com/data-security-agreement,our HIPAA Policy, , our Rules and Policies, our Business Associate Agreement and our Privacy Policy, constitute the sole and entire agreement between you and MLC regarding MLC and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding MLC.
Your Comments and Concerns
This website is operated by Encircle Innovations Private LimitedAmble Side Building, Unit 8, Khader Nawaz Khan Rd, Chennai, Tamil Nadu 600006,
All other feedback, comments, requests for technical support, and other communications relating to MLC should be directed to support@mylabconnect.com
By submitting feedback to MLC, you waive any and all rights in the feedback and MLC is free to implement and use the feedback if desired, as provided by you or as modified by MLC, without obtaining permission or license from you or from any third party. Any reviews of a merchant that you submit to MLC must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to merchant or objectionable. MLC reserves the right (but not the obligation) to remove or edit feedback, but does not regularly inspect posted feedback.