These Terms of Use (the "Terms") govern your access to and use of diagnosticsolutionsgroup.com (the "Site"), operated by Cognizant Cloud LLC, a Delaware limited liability company with its principal place of business in New Jersey. Diagnostic Solutions Group is a brand of Cognizant Cloud LLC. Cognizant Cloud LLC and its Diagnostic Solutions Group brand are referred to collectively as "DSG," "we," "us," or "our."
1. Acceptance of these Terms
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.
These Terms apply to anyone who visits the Site, whether browsing publicly or in any prospective business relationship with DSG. They do not govern the purchase or supply of DSG products, which is addressed only by separately signed written agreements.
2. Intellectual property
All content on the Site (including text, graphics, logos, images, audio, video, software, and the selection and arrangement of that content) is owned by DSG or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The Diagnostic Solutions Group name, the DSG mark, and any product names appearing on the Site are trademarks of DSG. Other trademarks, service marks, and logos that may appear on the Site are the property of their respective owners.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal or internal business reference. You may not reproduce, republish, distribute, modify, create derivative works from, sell, or otherwise commercialize Site content without our prior written permission. Brief quotations with attribution for journalistic, academic, or commentary purposes are permitted under fair use.
3. Informational only; no medical advice
The Site is provided for general information about DSG, our diagnostic products, and the markets we serve. Nothing on the Site constitutes medical advice, clinical guidance, or a recommendation for the diagnosis, treatment, prevention, or management of any medical condition. Do not rely on Site content to make clinical, public health, harm reduction, or personal medical decisions. Always consult a qualified healthcare professional or a qualified subject-matter expert in your jurisdiction.
4. Products are sold under separate written agreements only
Pricing, product specifications, lead times, configurations, and program descriptions on the Site are general information and may change without notice. Nothing on the Site constitutes a binding offer to sell, a commitment to supply, a price quotation, or a warranty regarding any product. All purchases of DSG products are made under separately signed written agreements that govern price, quantity, delivery terms, regulatory representations, warranties, indemnification, and dispute resolution between DSG and the purchaser. In any conflict between these Terms and a signed purchase agreement, the signed purchase agreement controls as to the products it covers.
5. Regulatory status of products
Different DSG products carry different regulatory statuses. Some are sold "For Forensic Use Only" and are not intended for clinical diagnostic use. Some are FDA-cleared, carry an Emergency Use Authorization, or are otherwise authorized for specific clinical indications. The applicable status is set out in product documentation provided with each order. Buyers are responsible for confirming the legality of test strip purchase, possession, distribution, and use in their jurisdiction. See the Regulatory and Product Disclaimer for more detail.
6. Acceptable use
You agree not to:
- Use the Site in any way that violates applicable law or regulation;
- Attempt to gain unauthorized access to the Site, the servers on which the Site is hosted, or any related system;
- Probe, scan, or test the vulnerability of the Site or any related system;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written consent (search engine indexing excepted);
- Interfere with or disrupt the operation of the Site or impose an unreasonable load on our infrastructure;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Use the Site to transmit unsolicited commercial communications, malware, or harmful code;
- Reverse engineer, decompile, or attempt to extract the source code of any software underlying the Site, except to the extent applicable law permits.
7. Third-party links
The Site may contain links to third-party websites or resources. We provide those links for convenience. We do not control, endorse, or assume responsibility for the content, privacy practices, or operations of any third-party site. Your use of any third-party site is at your own risk and is subject to the terms and policies of that site.
8. No warranty
THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DSG DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION ON THE SITE IS CURRENT OR ACCURATE.
This Section 8 governs use of the Site. Warranties applicable to DSG products, if any, are set out in the relevant product documentation and signed purchase agreement.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DSG, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, DSG'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE FEES YOU PAID TO DSG FOR ACCESS TO THE SITE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (WHICH FOR THE PUBLIC SITE IS ZERO).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply only to the fullest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless DSG and its affiliates, and each of their respective directors, officers, members, employees, contractors, and agents, from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site in violation of these Terms; (b) your breach of any representation, warranty, or covenant in these Terms; (c) your violation of any law or regulation; or (d) your violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter for which you have agreed to indemnify us, in which case you will cooperate with our defense.
11. Governing law
These Terms and any dispute arising out of or related to them or to the Site are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12. Dispute resolution
12.1 Informal resolution first
Before filing any claim, you agree to try to resolve the dispute informally. Send a written notice to Info@diagnosticsolutionsgroup.com describing the dispute, the relief you seek, and your contact information. We will do the same if we have a dispute with you. The parties will negotiate in good faith for at least 60 days before any further action.
12.2 Mediation
If informal resolution does not succeed, the parties will attempt in good faith to resolve the dispute through non-binding mediation administered by a mutually agreed mediator in New Jersey, with each party bearing its own costs and the parties splitting the mediator's fees.
12.3 Binding arbitration
If mediation does not resolve the dispute within 60 days after a request to mediate, any remaining dispute will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in New Jersey. Judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and an equal share of the arbitrator's fees, except as the arbitrator may otherwise apportion.
12.4 Class action waiver
You and DSG each waive the right to bring claims against the other on a class, collective, or representative basis. Disputes will be resolved only on an individual basis. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.
12.5 Exceptions
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights, and may bring an action in small claims court for any qualifying claim, without first complying with the procedures above.
13. Changes to these Terms
We may revise these Terms from time to time. The "Last updated" date at the top of the page reflects the most recent change. Your continued use of the Site after a change becomes effective constitutes acceptance of the revised Terms. If you do not agree to a change, your remedy is to stop using the Site.
14. Severability and entire agreement
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while reflecting the parties' intent. These Terms, together with the Privacy Policy and any other notices on the Site, constitute the entire agreement between you and DSG regarding the Site, and supersede any prior or contemporaneous communications regarding the Site.
15. Contact
Questions about these Terms can be sent to Info@diagnosticsolutionsgroup.com.