Terms of Use
These Terms of Use (these “Terms”) are entered into by and between you and Golden West Diagnostics, LLC, a California limited liability company (“GWD,” “we,” or “us”). These terms, together with any policies referenced and incorporated herein, are a legally binding contract and govern your access to, and use of, the website at GoldenWestDiagnostics.com (the “Website”).
These terms provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and GWD by binding individual arbitration. By using the Website, you agree to be bound by these Terms.
It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the Website.
Changes to these Terms or the Website
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Website at any time. All changes are effective immediately and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
You agree that your continued use of the Website following such changes constitutes your acceptance of such changes to these Terms.
Your Privacy
You acknowledge and agree that any personal information that you provide or that we collect in connection with the Website will be treated in the manner described in our Privacy Policy. Our Privacy Policy is incorporated into these Terms.
Registration and Your Account
You will need to sign up for a user account to use some areas of the Website. Any use of the Website by anyone under the age of 18 is prohibited.
You agree that the information that you provide us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. If you are creating an account on behalf of a business or other entity, you represent and warrant that to us that you are authorized to agree to these Terms on behalf of such business or entity.
You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.
We reserve the right to disable any user name or password at any time, in our sole discretion if we believe that you have breached any provision of these Terms.
Online Purchases and Payments
All purchases of products (“Products”) through the Website are governed by our Terms of Sale, which can be found at Terms of Sale, which are hereby incorporated into these terms. Additional terms and conditions may also apply to specific Products offered through the Website.
We strive for accurate description and pricing of the Products sold through the Website. However, values and sensitivity on certain Products are subject to change, and occasional errors or mistakes may cause inaccurate prices to appear. We have the right to void any purchases that display an inaccurate price.
If you purchase any Products through our Website, you agree to pay all applicable fees and taxes. By providing your payment information, you represent and warrant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information.
Your Use of the Website
Subject to these Terms, GWD grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by GWD, in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Website are, and will remain, the exclusive property of GWD and its affiliates.
You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Website.
The Website is protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use GWD’s intellectual property, including but not limited to GWD’s name or any of GWD’s trademarks, logos, domain names, other distinctive brand features, or copyrights.
Your Conduct
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Website by us, other users of the Website and/or any third party. Such restriction includes conduct which is unlawful, or which may, in GWD’s sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Website.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, GWD’s computer systems, or the technical delivery systems of GWD’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GWD; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website.
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Website to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.
Links
The Website may contain links to third party websites, services, or other content that is not owned or controlled by GWD. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from the Website, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.
Security
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Geographic Restrictions
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Term and Termination
These Terms are effective from the date that you first access the Website or submit any information to GWD, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.
GWD may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. You can terminate your account at any time.
Upon termination of these Terms, your right to use the Website will immediately cease. All disclaimers, limitations of liability, indemnification, GWD’s rights of ownership and licenses to GWD will survive any termination.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website, or any part or portion thereof. Nothing in these Terms will be construed to obligate GWD to maintain or support the Website, or any part or portion thereof, during the term of these Terms.
Indemnity
As a condition of your access to and use of the Website, you agree to indemnify and hold harmless GWD and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Website, and (b) any breach of these Terms. You will not enter into a settlement of the foregoing without our prior written approval.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GWD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL GWD’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE WEBSITE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO GWD FOR THE PAST SIX MONTHS FOR THE PRODUCTS.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT GWD HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimers
THE WEBSITE AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GWD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR ANY CONTENT PROVIDED BY THE WEBSITE (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE WEBSITE; AND (IV) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Website, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in Riverside County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Dispute Resolution
You and GWD agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Website (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and GWD each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and GWD agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available athttp://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and GWD agree otherwise, the arbitration will be conducted in Oakland, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GWD submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Miscellaneous
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting Golden West Diagnostics, LLC
The Website is provided by Golden West Diagnostics, LLC. You can contact GWD by emailing us at QA@GoldenWestDiagnostics.com, by telephone at (951) 699-9200 or by writing to us at the following address:
27617 Commerce Center Drive, Temecula, CA 92590
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Effective: April 15, 2024