Last Updated: July 10, 2023
I. Acceptance of Terms
By accessing or using www.pearldx.com and our various related websites, and through our offline interactions with you (collectively, the “Pearl Diagnostics Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.
By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Pearl Diagnostics Services or any features provided therein.
By accessing or using the Pearl Diagnostics Services, you represent and warrant that you have not been previously suspended or removed from the Pearl Diagnostics Services or engaged in any activity that could result in suspension or removal from the Pearl Diagnostics Services.
You understand that Pearl Diagnostics is not engaged in rendering medical or other professional services or advice via the Pearl Diagnostics Services, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional health care provider. You should not construe Pearl Diagnostics’s publication of any content found on the Pearl Diagnostics Services as an endorsement by Pearl Diagnostics of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of such content.
These Terms may be revised at any time for any reason, and Pearl Diagnostics may provide you notice of these changes by any reasonable means, including by providing notice through the Pearl Diagnostics Services. You can determine when we last updated the Pearl Diagnostics Services by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that individual express consent to any revised Terms is required under any data protection law, by continuing to access, browse or use the Pearl Diagnostics Services, you confirm individual acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Pearl Diagnostics Services to review these Terms. If you do not agree to the revised Terms, you may not access or use the Pearl Diagnostics Services.
II. Content on the Site
This Site and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, audio, and their design, selection, and arrangement), are owned by PEARL DIAGNOSTICS.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the PEARL DIAGNOSTICS Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the PEARL DIAGNOSTICS Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT individual OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
III. Use of the Site
individual use of the Site is subject to all applicable laws and regulations. You agree not to use the Site in any way that violates any international, federal, state, or local laws and regulations.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of or use or access to this Site.
V. Disclaimer of Warranties
THE PEARL DIAGNOSTICS SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PEARL DIAGNOSTICS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PEARL DIAGNOSTICS SERVICES; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE PEARL DIAGNOSTICS SERVICES. IN ADDITION, PEARL DIAGNOSTICS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
PEARL DIAGNOSTICS DOES NOT REPRESENT OR WARRANT THAT THE PEARL DIAGNOSTICS SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PEARL DIAGNOSTICS SERVICES OR THE SERVERS THAT MAKES THE PEARL DIAGNOSTICS SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PEARL DIAGNOSTICS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PEARL DIAGNOSTICS SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT individual USE OF THE PEARL DIAGNOSTICS SERVICES IS AT individual SOLE RISK. PEARL DIAGNOSTICS DOES NOT WARRANT THAT individual USE OF THE PEARL DIAGNOSTICS SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PEARL DIAGNOSTICS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE PEARL DIAGNOSTICS SERVICES YOU REPRESENT AND WARRANT THAT individual ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PEARL DIAGNOSTICS SERVICES.
VI. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEARL DIAGNOSTICSBE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE PEARL DIAGNOSTICS SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PEARL DIAGNOSTICS, OR FROM EVENTS BEYOND PEARL DIAGNOSTICS’S REASONABLE CONTROL, SUCH AS PEARL DIAGNOSTICS SERVICES INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PEARL DIAGNOSTICS RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PEARL DIAGNOSTICS ARISING OUT OF OR IN ANY WAY RELATED TO THE PEARL DIAGNOSTICS SERVICES EXCEED THE AMOUNT PAID TO PEARL DIAGNOSTICS FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT individual REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PEARL DIAGNOSTICS’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE individual RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from individual use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
VII. Governing Law
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Maryland, without regard to its conflicts of laws principles. You agree that any and all proceedings relating to this Site and the subject matter contained herein shall be maintained in the courts of the state of Maryland or the federal district courts sitting in Maryland, which courts shall have exclusive jurisdiction for such purpose.
VIII. Entire Agreement
IX. Contacting Us
We value individual opinions and suggestions. Please email us with any questions or concerns at info@Pearl Diagnostics.com, or alternately you can write to us at the following address:
Pearl Diagnostics, Inc.
1812 Ashland Avenue,
Baltimore, MD 21205