Terms and Conditions
Welcome to Pacific Edge Ltd. together with its affiliates, including Pacific Edge Diagnostics USA Ltd. and Pacific Edge Diagnostics New Zealand Ltd. (collectively called “Pacific Edge,” “We” or “Our”) and www.pacificedgedx.com www.peblnz.com, www.pacificedge.co.nz and www.cxbladder.com (together with the contents of all those websites, the “Site”).
No Medical Advice
The Site is for informational purposes. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Site.
Ability to Accept Terms
You affirm that You are at least 18 years of age, as the Site is not intended for children under 18. If You are under 18 years of age You should not use or access the Site.
Pacific Edge hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without Pacific Edge's prior written authorization; (ii) You will not reverse engineer or decompile the Site or any software comprising or underlying the Site; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the Pacific Edge servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Pacific Edge grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pacific Edge reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
Pacific Edge has the right to terminate or block Your access to the Site, in its sole discretion, immediately and with or without cause.
Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pacific Edge and are of significant commercial value to Pacific Edge and its licensors. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Pacific Edge’s prior written consent. Without limiting the foregoing, You may not use any Mark in a manner that is reasonably considered by Pacific Edge to be a misuse or appropriation of that Mark. Pacific Edge reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
This Intellectual Property Rights section shall survive any termination of these Terms.
Pacific Edge permits You to link to materials on the Site for personal, non-commercial purposes only.
Pacific Edge attempts to be as accurate as possible. However, Pacific Edge cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Pacific Edge reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at Your own risk and responsibility.
Limitation of Liability and Warranty
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PACIFIC EDGE, THE SITE (INCLUDING THE CONTENT), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, PACIFIC EDGE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT PACIFIC EDGE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
THE INFORMATION POSTED HERE BY PACIFIC EDGE OR ANY THIRD PARTY IS NOT, AND SHOULD NOT BE CONSIDERED, MEDICAL ADVICE.
UNDER NO CIRCUMSTANCES SHALL PACIFIC EDGE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF PACIFIC EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT PACIFIC EDGE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT, RESTITUTION OR OTHERWISE, SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU TO PACIFIC EDGE, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU AND PACIFIC EDGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Pacific Edge, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; or (ii) Your violation of these Terms. This defense and indemnification obligation will survive these Terms and Your use of the Site.
None of Your rights or obligations under these Terms may be transferred or assigned by You, but We may assign or transfer Our rights or obligations under these Terms without restriction.