TO THE EXTENT PERMITTED BY LAW, EVIVAR MEDICAL HEREBY EXCLUDES ALL LIABILITY IN RELATION TO THE LICENSEE'S USE OF THE SERVICES. ACCORDINGLY, THE LICENSEE ACKNOWLEDGES AND AGREESTHAT:

  • 1.THE LICENSEE USES THE SERVICES AT ITS OWN RISK;
  • 2. THE SERVICES ARE PERFORMED ON SEQUENCES AND INFORMATION PROVIDED BY THE LICENSEE (AND WITHOUT VERIFICATION BY EVIVAR MEDICAL); AND
  • 3. EVIVAR MEDICAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO:
    • 1. THE ACCURACY OR COMPLETENESS OF TEST RESULTS;
    • 2. THE SPEED AT WHICH TEST RESULTS WILL BE RETURNED; OR
    • 3. THE SUITABILITY OF TEST RESULTS FOR ANY PARTICULAR PURPOSE; AND
    • 4. EVIVAR MEDICAL IS NOT RESPONSIBLE FOR THE LICENSEE'S OR ANY OTHER PERSON'S RELIANCE ON ANY TEST RESULTS (AND IS SPECIFICALLY NOT RESPONSIBLE FOR ANY TREATMENT DECISIONS OR OTHER MEDICAL CONSEQUENCES OF USE); AND
    • 5. THE LICENSEE ACKNOWLEDGES THAT THE INTERNET IS NOT A SECURE MEDIUM, AND THAT ACCORDINGLY TEST RESULTS MAYBE LOST, DISTORTED, INTERCEPTED BY, OR TAMPERED WITH, BY A THIRD PARTY DURING TRANSMISSION; AND
    • 6. THE LICENSEE IS SOLELY RESPONSIBLE FOR:
      • 1. ENSURING THAT THE CORRECT TEST RESULTS ARE RECEIVED BY IT; AND
      • 2. ALL ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, UNDERTAKEN IN CONNECTION WITH THE USE OF, OR RELIANCE BY ANY PERSON ON, ANY TEST RESULT.

FOR FULL DETAILS REGARDING TO DISCLAIMER, INDEMNITY AND LIMITATION OF LIABILITY, EVIVAR MEDICAL REFERS ITS LICENSEES TO THEIR INDIVIDUAL LICENSE AGREEMENT.