Terms & Conditions

Effective as of April 22, 2016

The following terms and conditions for this agreement ("Terms") sets the terms and conditions under which Crescendo Bioscience, Inc. ("Crescendo") makes its Vectra DA information, services and products available on its website (my.VectraDA.com), owned and maintained by Crescendo. By accessing and using this website and the services offered by Crescendo (collectively, this "Site"), you signify your agreement to these Terms and the terms and conditions of the myVectra™ Privacy Policy ("Privacy Policy"), which is posted at https://my.VectraDA.com/privacy-policy.

ABOUT THE SERVICES

The services are designed to provide you with online access to results from testing services provided by Crescendo. Through the services, Crescendo provides you with (i) access to laboratory results and related documents; and (ii) receive news and information related to Crescendo's products and services; and (iii) features for communicating with Crescendo regarding customer service-related inquiries (collectively, the "Services"). The Services provided, including but not limited to any updates, enhancements, new features, and/or the addition of any new properties, is subject to these Terms. You have the option to terminate, decline participation, revoke consent or opt-out from the Services at any time by contacting Crescendo Customer Service at 877-743-8639.

PRIVACY PRACTICES

PRIVACY POLICY. Crescendo collects and may transmit personally identifiable information about you through this Site. Crescendo will preserve the confidentiality of your personal health information collected, and will only use, disclose and transmit your personal health information to provide the Services as permitted by law. Please refer to the myVectra Privacy Policy (posted at https://my.VectraDA.com/privacy-policy), which explains how Crescendo collects, uses and discloses information that pertains to your privacy. When you access or use this Site, you signify your agreement to this Privacy Policy.

SECURITY. This Site incorporates safeguards to protect the security, integrity and privacy of the personal information Crescendo has collected. This Site uses Secure Socket Layer ("SSL") encryption technology to enhance data privacy and helps prevent loss, misuse or alteration of the information under Crescendo' control. Access to information made available through this Site is secured by the use of a password. Registration for the site requires that you provide sufficient information for Crescendo to properly identify you. This may use a system that asks additional questions about your background to verify your identity. Crescendo will monitor usage of this Site and maintain usage audits and logs of all activity. Crescendo has the right to suspend or terminate your account for any reason, including but not limited to, suspicious activity.

REGISTRATION

Upon successful registration for this Site, you will be provided with an account, which is accessed by use of a personal password and email address. You are responsible for maintaining the confidentiality of your password and account, and any and all activities that occur under your account. It is your responsibility to change the password to your account on a regular basis. You agree to notify Crescendo immediately of any unauthorized use of your account or any suspected breach of security (see https://my.VectraDA.com/contact-us). Crescendo will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email, password and/or account, with or without your knowledge. You may be held liable for losses incurred by Crescendo or another party due to someone else's unauthorized use of your account or password.

If Crescendo has reason to believe that the security of your access to this Site, including, but not limited to, your email or password, has been compromised, Crescendo will immediately disable your account and will attempt to notify you by means of the information as provided by you at the time of registration.

COPYRIGHT

The contents of this Site, including but not limited to text, graphics, images, reports and software ("Content"), may be protected by copyright under both United States and foreign laws, and Crescendo retains all right, title and interest in and to the Content, all copies thereof, and all copyrights and other proprietary rights therein. All trademarks and service marks used on this Site are proprietary trademarks and service marks of Crescendo.

YOUR RESPONSIBILITIES/RESTRICTIONS

Subject to your acceptance of these Terms, Crescendo authorizes you to view, download and/or print copies on the Content on this Site solely for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. Otherwise, no Content from this Site may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way. You may not modify, sell, assign, or transfer the Content or reproduce, display, distribute or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble, decompile, or create any derivative works based on the Content. Content is subject to change without notice at the discretion of Crescendo.

For activities in connection with this Site, you further agree not to:
  1. Send or otherwise transmit to or through this Site or to us through e-mail any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  2. Misrepresent your identity or affiliation in any way;
  3. Use this Site to disclose or obtain another's personal information, or collect information about users of this Site;
  4. Gain unauthorized access to this Site, or assist others to gain unauthorized access, or to disclose users' names or personally identifiable information, or to gain or provide unauthorized access to other computers or Sites connected or linked to this Site;
  5. Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  6. Send or otherwise transmit to or through this Site or to us through e-mail chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
  7. Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  8. Violate any applicable laws or regulations or these Terms; or
  9. Assist or permit any persons in engaging in any of the activities described above.

You are responsible for verifying any information before relying on it. Use of this Site and the Content available on this Site is at your sole risk. Crescendo makes no representations or warranties that use of this Site will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you obtain from this Site is free of viruses.

NO MEDICAL ADVICE

THE CONTENT ON THIS SITE IS INTENDED TO BE AN INFORMATION RESOURCE ONLY, AND IS PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. Crescendo is not engaged in rendering medical advice via this Site, and the information provided is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Crescendo does not recommend or endorse any specific providers, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information provided by Crescendo, employees of Crescendo, others appearing on this Site at the invitation of Crescendo, or other visitors to this Site, is solely at your own risk.

WARRANTY DISCLAIMER

THIS SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRESCENDO BIOSCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT OF IP RIGHTS. CRESCENDO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

CRESCENDO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAINS FROM THIS SITE IS FREE OF VIRUSES AND MAINTAINED IN A SECURE MANNER.

LIMITATION OF LIABILITY

THE USE OF THIS SITE, ANY CONTENT ON MADE AVAILABLE ON THIS SITE, AND/OR THE SERVICES IS AT YOUR OWN RISK. CRESCENDO SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS SITE, INCLUDING THE CONTENT DISPLAYED ON OR ACCESSED FROM THIS SITE, OR THE SERVICES, EVEN IF CRESCENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS SITE, THE INABILITY TO USE THIS SITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THIS SITE. IN NO EVENT SHALL CRESCENDO OR ITS RESPECTIVE SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR THE SERVICES. CRESCENDO'S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID FOR THE SERVICES, IF ANY.

MODIFICATION TO THESE TERMS OF USE

Crescendo may amend its Terms, Privacy Policy, Notice of Privacy Practices, and/or Services at any time. Such changes, revisions and/or modifications shall be effective immediately. It is your sole responsibility to check this Site from time to time to view any such changes. If you continue to use this Site, you signify your agreement to our changes, revisions or modifications to these Terms. However, Crescendo will notify you of material changes to the Terms by posting a notice on the site's homepage and/or sending an email to the email address you provided to Crescendo upon registration. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Crescendo's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Crescendo. No purported waiver or modification of this Terms by Crescendo via telephonic or email communications shall be valid.

YOUR FEEDBACK

You may submit feedback and suggestions regarding improvements or enhancements to the Terms, this Site and/or the Services, (collectively "Feedback"). By posting any Feedback, you expressly grant, represent and warrant that you have a right to grant to Crescendo, its affiliated companies and necessary sublicenses, permission to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Feedback for use in connection with the operation of their businesses, including, without limitation, all Services.

LINKED WEB SITES

As a convenience to you, Crescendo may provide access to third-party software, web sites and/or content (collectively "Third Party Content"). Any agreement relating to your use of such Third Party Content will be solely between you and the Third Party Content provider. Crescendo makes no representations or warranties that any Third Party Content downloaded will be free of viruses, worms or Trojan horses or other forms of corruptive code. Crescendo makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness, accuracy, or any other aspect of any Third Party Content.

GENERAL TERMS

SEVERABILITY. If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Crescendo to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

GOVERNING LAW. These Terms and your use of this Site are governed by the federal laws of the United States of America and the laws of the State of California without regard to conflict of law provisions. You hereby irrevocably consent to venue and jurisdiction exclusively in the State of California.

INDEMNIFICATION. You agree to indemnify, defend and hold Crescendo and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.

ASSIGNMENT. You may not assign or delegate these Terms and/or the myVectra Privacy Policy, in whole or in part, to any person or entity at any time with or without Crescendo's prior written consent. You hereby agree that Crescendo may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THE TERMS AND CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS, TOGETHER WITH THE PRIVACY POLICY AT HTTPS://MY.VECTRADA.COM/PRIVACY-POLICY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CRESCENDO AND YOU AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES OF THIS AGREEMENT RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.