1.2 You must agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this Agreement. 1.3 Labscorp reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Labscorp will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this Agreement will be deemed your acceptance of the changes. 1.4 Labscorp reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site. 1.5 IF YOU
DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED
WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE
OF THE SITE. 2.
User Activities and Information on the Site 2.2 You warrant that any material or information that you make available through the Site, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site. 2.3 By making any material or information available through the Site, you automatically grant to Labscorp a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use. 2.4 Labscorp has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and Labscorp is not responsible for any content of this material or information. However, Labscorp reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, Labscorp reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request. 2.5 Labscorp reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity. 3.
Rights in Site Content and the Site 3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Labscorp and the copyright owner. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content. 3.3 Certain content found on the Site may be subject to additional terms, conditions, and notices as specified in Section 11 below. 4.
Disclaimer of Warranties & Limitation of Liability 4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Labscorp (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Labscorp (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. 5.
Indemnification 6.
Fees and Payments 7.
Notices between Us 8.
Termination 9.
Law Governing Performance and Disputes 10.
General Terms 11.
Content-Specific Notices
Effective Date: March 28, 2004
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