Terms of Use

Updated June 20, 2020

Introduction

Rhino Diagnostics LLC (throughout the site as “Rhino Diagnostics”, “we”, “our”, or “us”) owns and operates this website (including all information, tools, services, forms, and other materials found on the website). These Terms of Use (“Terms”) govern your relationship with Rhino Diagnostics and form a legally binding contract. By using or accessing our website, you agree to these Terms. We reserve the right at our sole discretion to add, change, modify, or remove any portion of these Terms, in whole or in part, at any time. You are responsible for checking periodically for changes made to these Terms and you agree that any use of our site after any changes are made means you accept the changes. If you do not agree to these Terms or accept any changes at any time, then do not use or access our website.

Correctness, Completeness, and Timeliness of Information

Reliance of information on this site is at your own risk. Rhino Diagnostics does its best to provide you with the most accurate information we have available about our products, services, technologies, and the information and science behind them. The information and materials presented on this site based upon our opinions, interpretations, and or analysis of information available to us. Information about our products and services may change and is for general information purposes and is always subject to change. We are not responsible for any information on this site that may be inaccurate, incomplete, incorrect, or not current. Information on this website is for general information purposes only and users should not rely upon the information as a definitive or sole basis for making any decisions without conducting further research or consulting with appropriate primary sources or more accurate or timely information. This site may contain information that has not been updated, edited, or removed to remain current. We reserve the right to update, modify, or remove any information from this site at any time, and have no obligation to update, edit, or remove any information in a timely manner. You hereby agree it is your responsibility to make informed decisions based upon other sources of information, to consult appropriate other references or individuals, and to monitor changes to the site.

Use of Information and Materials on the Site

All content on this site is owned by and the exclusive property of Rhino Diagnostics and is protected by copyright, trademark and other applicable laws. You may access, copy, download, and print material on this site for your personal and non-commercial use, provided you do not modify or remove any copyright, trademark, or other notice that appears on the material. All other uses of material on this site are expressly prohibited. You may not use contact information provided on this site for unauthorized purposes, including sales, advertising, or marketing.

Information You Submit and Your Conduct in Using the Site

Some pages on this site include forms that allow input of information. When filling out our forms you agree to provide true, accurate, current and complete information about yourself and your organization. You will not use false email address or other identifying information, impersonate any person or entity or otherwise mislead us as to your identity, or the identity of your organization.

You or third parties acting on your behalf are not allowed to screenshot, frame, utilize framing technologies, use our site’s content in any way, or use our proprietary marks in any way, without our written consent.

You will not use any hardware or software with the intent of interfering with or damaging the site or to intercept any data transmitted to or from the site. You agree not to interrupt the functioning of the site in any way and we reserve the right to terminate or otherwise limit your access or use of the site at any time without notice. We reserve the right to any relief for your improper actions as we may be entitled to by law.


Licenses and Rights

Rhino Diagnostics does not claim ownership of the information you submit through our site. For the purpose of providing you services or products you grant Rhino Diagnostics a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, the information that you upload, submit, store, send, or receive through our site. Rhino Diagnostics grants you a limited, personal, non-transferable, nonexclusive, revocable, and non-sublicensable license for the sole purpose of accessing and use the site as set forth in these Terms and our Privacy Policy. You may not copy, modify, translate, distribute, sell, lease, decompile, reverse engineer, create derivative works based on, or attempt to extract the source code of any part of, our site.

Third-Party Services and Links

Our services may allow you to access, use, or interact with third-party services, in which case your rights are subject to the third party’s terms and privacy policy. The site may contain links to other websites not owned or operated by Rhino Diagnostics. These links are provided for your convenience and we have not necessarily reviewed all the information on third party sites or their terms of use or privacy policies, which may not be similar to our own. You agree that when clicking a link, we are not responsible for any content, terms, or privacy policies the third party may have. Links to third party sites should not be viewed as an endorsement or other relationship with the third party or their products, services, views, or opinions. Rhino Diagnostics is not responsible for any damages, losses, or other liabilities incurred by your use of any linked sites.

Notice of Infringement

If you believe your copyright or the copyright of a person who you are authorized to represent has been infringed, you may notify us at the information posted at the bottom of these Terms. To be effective, your notice must be in writing, sent to the information below and include the following:

  • The full name, identity, and contact information including phone, email, or other valid contact method for the person providing the notice and the same for the person whose rights were allegedly infringed (if different);

  • Copies or other identification of the property allegedly infringed upon;

  • Explanation of why the property was allegedly infringed upon and how you would like us to act to comply with your rights by removing, disabling, or otherwise complying with your rights;

  • A statement that the information in the notice is true, and that the individual filing the notice is authorized to act on behalf of the owner of the infringed property, under penalty of perjury (if applicable).


Disclaimer, Limitation of Liability, and Waiver

WE TRY TO KEEP OUR SITE SAFE, SECURE, AND RUNNING SMOOTHLY, BUT YOU USE OUR SITE AT YOUR OWN RISK. OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, CUSTOM, TRADE, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE WILL ALWAYS BE SECURE OR ERROR-FREE; FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; THAT ANY OF OUR CONTENT, USER CONTENT, OR INFORMATION OBTAINED THROUGH OUR SITE WILL BE ACCURATE OR TIMELY; OR THAT WE WILL NOT SUBJECT YOU OR YOUR ELECTRONIC DEVICES TO ANY HARMFUL EFFECTS INCLUDING, BUT NOT LIMITED TO, VIRUSES, BUGS, SECURITY BREACHES, TAMPERING, FRAUD, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR LOSS OF DATA. WE TAKE NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU ARE EXPOSED TO THROUGH OUR SITE AND YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE INACCURATE, INCOMPLETE, OFFENSIVE, ILLEGAL, MISLEADING, OR INAPPROPRIATE. BY ACCESSING OUR SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION IN WHICH YOU USE OUR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RHINO DIAGNOSTICS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND OTHER AFFILIATED THIRD PARTIES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SITE, THE CONDUCT OR CONTENT OF USERS OR THIRD PARTIES, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, OR ANY OTHER CLAIMS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ACCESSING OR USING OUR SERVICES. YOU RELEASE RHINO DIAGNOSTICS AND ITS PARTIES FROM ALL SUCH CLAIMS AND DAMAGES, KNOW AND UNKNOWN. EVEN IF RHINO DIAGNOSTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU AGREE THAT IN NO EVENT WILL RHINO DIAGNOSTIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR INJURIES EXCEED $100 UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES ARISING FROM OR RELATED TO RHINO DIAGNOSTICS, YOU ARE NOT ENTITLED TO AN INJUNCTION PREVENTING EXPLOITATION OF ANY CONTENT OWNED OR CONTROLLED BY RHINO DIAGNOSTICS OR TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, OR OTHER USE OF ANY PROPERTY OR CONTENT OWNED OR CONTROLLED BY RHINO DIAGNOSTICS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH CASES, RHINO DIAGNOSTIC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY WAIVE CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1542, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.


Indemnity

You agree to indemnify, defend, and hold harmless Rhino Diagnostics and its directors, officers, employees, and affiliates from and against all damages, losses, charges, liabilities, and expenses - including reasonable legal fees and costs - related to any such claims. Indemnity includes, but is not limited to claims relating to: (a) your content, access to, or use of our site; (b) other's content, access to, or use of our site; (c) your breach or alleged breach of these Terms; (d) others' breach or alleged breach of these Terms.

Dispute Resolution

If you are a user located in the United States or Canada, you agree to arbitrate any claim against Rhino Diagnostics according to the Federal Arbitration Act, as administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes. If you are not a user located in these regions, you agree to resolve any claim relating to our Terms or Services in the United States District Court for the Northern District of California or in a state court located in Contra Costa County, California, and you agree to submit to the personal jurisdiction of such courts for the purpose of resolving your claim. The laws of the State of California govern our Terms and any disputes that arise between you and Rhino Diagnostics.

Severability

If any provision of these Terms is unlawful, void, or unenforceable, you agree that the remaining provisions of these Terms will remain effective.

Contact Us

If you have any questions or comments about our Terms of Use, please contact us:

Email: info@rhinodiagnostics.com

Phone: +1 (800) 722-1077

Mail:

Rhino Diagnostics LLC
PO BOX 1702
San Ramon, CA 94583