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Please agree with the terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By accessing or using this Site (www/DXToolkit.org), you signify your agreement to these Terms of Use and the Privacy Policy which is incorporated in these Terms of Use. If you do not agree to these Terms of Use and the Privacy Policy, you may not use this Site.

This site has been developed by the American Society for Clinical Pathology (“ASCP”) (collectively or separately, "We", "Us," or "Our"). We may revise and update these Terms of Use at any time. Your continued use of this DXToolkit Site ("DXToolkit Site" or the "Site") will mean you accept those changes.

You may print or save a copy of these Terms of Use and the Privacy Policy for your records.

This Site Does Not Provide Medical Advice. The contents of the DX Toolkit Site, such as text, graphics, images, videos, information obtained from our third party licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.
Privacy. We comply with the Children's Online Privacy Protection Act (COPPA) because we do not collect personal information as defined under COPPA from children who are under 13 years of age. Please read our Privacy Policy for a more detailed explanation of our data protection practices and how we handle information collected over the Site. Our privacy policy is incorporated into and made a part of these Terms of Use.
License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the DX Toolkit Site conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Site and the Content on the Site for your noncommercial personal use and for no other purpose. We reserve the right to bar, restrict or suspend any user's access to the Site, and to terminate this license at any time for any reason. We reserve any rights not explicitly granted in these Terms of Use.
License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive our prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Site or any Content on the Site or any other portion of the Site. Further, you may not (i) use the Site or the Content on the Site for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site or Content on the Site; (ii) interfere with the proper working of the Site or any Content on the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Site or any Content on the Site.
Your Acceptance. Our Site and the Content on the Site are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and us regarding your use and access to the Site and the Content on the Site. By accessing and using the Site, you agree to the Terms of Use.
Revisions to Terms of Use. We reserve the right to revise these Terms of Use at any time in our sole discretion by posting revised Terms of Use to the Site. Your use of the Site and the Content on the Site signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Site. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 20, shall apply to a controversy or claim of which we had actual notice on or before the date of any such revision.
Personal Login Information. Certain features and areas of the Site are available only with registration. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
User Obligations. You warrant that you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and the Content on the Site and not interfere with the use and enjoyment of the Site by other users or with our operation and management of the Site. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Site, including, without limitation, information required to be provided through our registration form. If you submit any false, inaccurate, untrue, unauthorized, or incomplete information, we reserve the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Our Site, or defame or otherwise harm any party, including us, through your use of our Site.
Proprietary Rights. The Site, and the Content on the Site, includes, without limitation, (i) our trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Our Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through our Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Content"). Our content is the property of ASCP, or our licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any content by you, or by you through any other person or entity, is prohibited unless you separately obtain express written from us or the owner of such content if ASCP is not the owner. Any use of our marks without the applicable owner’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the content, including any such notices appearing on any content you are permitted to download, transmit, display, print, or reproduce from the Site.
Responsibility for Use of the Internet and the Site. Use of the Internet and the Site is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. We do not guarantee the confidentiality or security of any communication or other material transmitted to or from the site over the Internet or other communication network. We shall not be obligated to correct or update the site or Content on the site, and we shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.
Patient Information. The Site, including any public forums which you may access via the Site, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
Third Party Information. The Site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, user-generated content or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of ASCP or their affiliates. We make no representation with respect to, nor do we guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
Links to Third Party websites. The Site may contain links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over whom we exercise no control. The appearance of any such third party links (provided by us or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
Links to the Site and Content on the Site. Links posted by third parties to the Site may not use the ASCP trademarks or logos and shall not suggest that we promote or otherwise endorse any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Site shall be the responsibility of the linking party. We reserve the right to require any linking party to disable or remove any link that violates our rights or causes interruption or deterioration of the Site or Content on the Site.
Warranties Disclaimed. THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ASCP OR OUR AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES OR ANY OF THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "THE ASCP PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITE, OR CONTENT ON THE SITE, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) CONTENT AVAILABLE ON THE SITE WILL REMAIN UNCHANGED OR ACCESSIBLE THROUGH THE SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability. THE ASCP PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ANY CONTENT ON THE SITE; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE OR ANY CONTENT ON THE SITE; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vii) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND OUR CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, CONTENT ON THE SITE; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE; (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITE OR CONTENT ON THE SITE. In the event you are dissatisfied with, or dispute, these Terms of Use, the Site, and/or Content on the Site, your sole right and exclusive remedy is to terminate your use of the Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that we have no other obligation, liability or responsibility to you or any other party.
Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ASCP Parties from and against all claims arising from or in any way related to your use of the Site or Content on the Site, your violation of these Terms of Use, or any other actions connected with your use of the Site or Content on the Site, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. We will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations under this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ASCP other than under this Section.
Term and Termination. These Terms of Use will take effect at the time you begin using the Site. We reserve the right, with or without notice, at any time and for any reason to deny you access to the Site or to any portion of the Site, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms. You may terminate these Terms of Use at any time by ceasing to use the Site, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Site, including any Content from the Site, in your possession.
Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. We reserve all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
Governing Law. These Terms of Use and all matters regarding your use of the Site shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies, and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability. Our failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, including the Privacy Policy, and any Click-through Agreement, constitutes the entire agreement between you and us relating to the Site and its use by you, and supersedes any previous written or oral communication regarding use of the Site.
Contact Information. If you have any questions or concerns regarding these Terms of Use or the Site, please visit our “About DXToolkit” page.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of the Site or Content on the Site Outside of the United States. We make no claims regarding access or use of the Site or content on the Site outside of the United States. If you use or access the Site or content on the Site outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
Notice and Take Down Procedures and Copyright Agent. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from this Site by contacting our representative (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our representative for purposes of these issues relating to this Site is as follows:

American Society for Clinical Pathology
Attn: General Counsel
33 W. Monroe, Suite 1600
Chicago, IL 60603
copyright@ascp.org
Or call: 312-541-4747

Last updated June 2016. Version 2.0. Reviewed by L. Simmons

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