Terms of Service

Senneca Diagnostics, LLC dba Senneca Dx (“Senneca Dx” or “we”, “us”, “our”), provides access to our Web site located at www.sennecadx.com (the “Site”), subject to your acceptance of these Terms of Web site Use (“Terms”). These Terms apply to you when you access and use our Site. If you have any questions about these Terms or using the Site, feel free to contact us at [email protected].

Privacy

Senneca Dx is committed to protecting your privacy on the Internet. Check out our Privacy Policy to see what personal information we may collect and how we use it.

Acceptance of Terms of Website Use

You understand that Senneca Dx does not guarantee that anything on the Site will be free of infection, viruses or other items that might damage or interfere with your computer, data or personal information. You may not do anything that interferes with the operation of the Site, such as hacking or spamming.

Intellectual Property – Copyright, Trademark and Disclaimer Notices

The contents of the Site, such as text, design, graphics, logos, trade dress, audio clips, video, games, photographs, software, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of Senneca Dx and its business partners, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Senneca Dx and its business partners, or other respective owners that have granted Senneca Dx the right and license to use such marks. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. You may print and download the Content solely for your personal, non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Senneca Dx. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Senneca Dx or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Senneca Dx copyright.

Unsolicited Submission of Ideas

Neither Senneca Diagnostics, LLC dba Senneca Dx nor any of its employees accepts, invites or considers under any circumstances unsolicited submissions of ideas, creative suggestions or proposals, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, packaging or other materials related to our products, product enhancements, processes, materials, marketing plans, research related to our business, business operations or new product names. This policy is intended to avoid disputes in the event that Senneca Dx products or marketing strategies seem similar to ideas submitted to Senneca Dx or its employees.

The following terms shall apply to any unsolicited submission regardless of any statement included in accompanying material: Except as governed by our Privacy Policy, all ideas included in any unsolicited submission will automatically be treated as non-confidential and non-proprietary and will become the sole property of Senneca Dx without any compensation whatsoever. Senneca Dx and its affiliates will have no obligations with respect to such submissions and will destroy such submissions upon receipt. Nothing restricts Senneca Dx from independently developing any idea, however similar to any submission. Anyone who submits an unsolicited idea, suggestion or proposal to Senneca Dx thereby waives any right, title and interest in the content of such submission and agrees not to assert any claim of ownership in that content against Senneca Dx.

No Warranties

Enjoy using our Site, but please understand that you assume total responsibility and risk when you use our Site and the Internet. The Site and the Content and services made available on the Site are provided on an “as is” and “as available” basis. Senneca Dx does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site Content, any services provided through the Site or on the Internet. We expressly disclaim any and all implied warranties. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

Senneca Dx will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of Site under these Terms. You understand that this paragraph shall apply to all Content and services available through the Site.

Indemnification

You agree to indemnify and hold harmless Senneca Dx from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney’s fees on account thereof resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action.

Policy Regarding Copyright Infringement and Designation of a Copyright Agent Senneca Dx’s policy regarding copyright infringement and Senneca Dx’s designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC section 512) is incorporated herein and follows below.

Senneca Dx respects the intellectual property rights of others and requires those that visit our Site and use our network to do the same. Senneca Dx may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. Senneca Dx also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others’ copyrights, Senneca Dx may in its sole discretion terminate those individuals’ rights to use our Site or our network.

If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify Senneca Dx’s copyright agent by written notice. The notice should include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed.

A description of the copyrighted work you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

A description of where the material that you claim is infringing is located on the Site.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Senneca Dx’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Alex Berline

Hanson Bridgett

425 Market Street, 26th Floor

San Francisco, CA 94105

[email protected]

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this Site.

Jurisdiction and Venue

The Site is operated by Senneca Dx from its offices in the United States. Those who access or use the Site from other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim relating to the Site or your use of the Site will be governed by and interpreted in accordance with the laws of the State of Delaware, without reference to its conflict-of-laws principles. Any disputes relating to the Site or these Terms will be heard in the courts located in Delaware. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be affected.

Changes to these Terms

Senneca Dx reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Changes in these Terms will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to these Terms are posted will be considered acceptance of those changes.

This concludes the Terms of Use. Please ensure to read them thoroughly before using the site, and if there are any questions or concerns, it’s always a good idea to reach out to the site’s administrator or legal contact for clarification.

Acceptable and Lawful Use of Site

You agree to comply with all applicable laws regarding use of the Site. Any information you provide to Senneca Dx in connection with the Site must comply with the following conditions and shall not create any liability for Senneca Dx or cause Senneca Dx to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or vendors:

Content Objectionable or Offensive to Third Parties

You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others’ privacy rights, or otherwise objectionable.

Unlawful Content

You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

Infringing Content

You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this Site, you represent that you have legal rights to use, distribute, and publish such content.

Removal of Objectionable Content

While Senneca Dx does not monitor your use of our Site, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our Site that violates these Terms or is otherwise deemed objectionable by Senneca Dx in its sole discretion.

Links to Other Web sites

Senneca Dx provides links to other Web sites. Senneca Dx does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk. Senneca Dx has no responsibility for the content of such other sites and shall not be liable for any damages or injuries arising from the content from these other sites.

Pricing for Products and Services

In the event a product or service is listed at an incorrect price or with incorrect information, Senneca Dx shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. Senneca Dx shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and your credit card has been charged or other payment has been accepted.

International Users

Senneca Dx makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable Content.

Your personal information (“Information”) that is submitted to this Site will be handled in accordance with applicable U.S. law. If you are a non-U.S. user, you agree that Senneca Dx may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to such transfer, you may not use this Site. If you wish to withdraw your consent at any time, you will need to delete your account with us, as described in the Privacy Policy.

Limitations of Liability and Indemnification

Your use of Senneca Dx and its content is at your own risk. Senneca Dx does not assume responsibility and shall not be liable for any damage to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site. In no event shall Senneca Dx or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of this site or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or the performance or nonperformance by Senneca Dx or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.

If, not withstanding the foregoing, Senneca Dx or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of this site or its content, the liability of Senneca Dx and the third party providers and distributors shall in no event exceed 100.00 USD. In its sole discretion, in addition to any other rights or remedies available to Senneca Dx and without any liability whatsoever, Senneca Dx at any time and without notice may terminate or restrict your access to any component of this site. You agree to defend, indemnify and hold harmless Senneca Dx, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site.

Miscellaneous

The Terms and Conditions constitute the entire agreement between you and Senneca Dx and govern your use of the Site, superseding any prior agreements between you and Senneca Dx. The Terms and Conditions and the relationship between you and Senneca Dx shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Senneca Dx agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Senneca Dx to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Amendments

Senneca Dx reserves the right to amend these Terms at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions.

Contacting Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Senneca Diagnostics, LLC

26203 Production Ave, Suite 7

Hayward, CA 94545, United States

Email: [email protected]

We will make every effort to resolve your concerns.

Effective Date The effective date of these Terms and Conditions is June 6, 2023.

Last Updated on June 6, 2023.

These terms and conditions may change from time to time. It’s your responsibility to check for such updates. That concludes the hypothetical “Terms and Conditions” for Senneca Dx, Inc. Please note that the given information is made up and meant only for illustrative purposes. For an actual Terms and Conditions page, legal advice should be sought to ensure that all provisions are lawful and enforceable.

Termination

While we do not monitor your use of our Site, Senneca Diagnostics, LLC dba Senneca Dx may immediately issue a warning, suspend or terminate your access to the Site for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.

And that should complete the modified Terms of Use verbiage for Senneca Diagnostics, LLC dba Senneca Dx. I apologize for the multiple messages and any confusion they might have caused. The length and complexity of the text necessitated breaking it up into several parts.