Phoenix Diagnostic Center

Products/Service

Terms of Offer: This Website offers certain Products/Services. By placing an enquiry for Products/service through this Website, you agree to the terms set forth in this Agreement.

Use of Website

[Phoenix Diagnostic Center] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

Posting

By posting, storing, or transmitting any content on the Website, you hereby grant [Phoenix Diagnostic Center] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. [Phoenix Diagnostic Center] does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. [Phoenix Diagnostic Center] is not liable for any damage or harm resulting from any posts by or interactions between users. [Phoenix Diagnostic Center] reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content.

Disclaimer of Warranties

• That the information provided on this website is accurate, reliable, complete, or timely.
• That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
• No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
• As to the results that may be obtained from the use of the products or that defects in products will be corrected.
• Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Indemnification

You will release, indemnify, defend and hold harmless [Phoenix Diagnostic Center] and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Phoenix Diagnostic Center]. When [Phoenix Diagnostic Center] is threatened with suit or sued by a third party, [Phoenix Diagnostic Center] may seek written assurances from you concerning your promise to indemnify [Phoenix Diagnostic Center]; your failure to provide such assurances may be considered by [Phoenix Diagnostic Center] to be a material breach of this Agreement. [Phoenix Diagnostic Center] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [Phoenix Diagnostic Center] choice at its expense. [Phoenix Diagnostic Center] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [Phoenix Diagnostic Center] against any claim, but you must receive [Phoenix Diagnostic Center] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

Agreement to be bound

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

General

Force Majeure: [Phoenix Diagnostic Center] will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation:

[Phoenix Diagnostic Center] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement:

This Agreement comprises the entire agreement between you and [Phoenix Diagnostic Center] and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver:

The failure of [Phoenix Diagnostic Center] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.

Governing Law, Jurisdiction:

This Website originates from the [Chennai, Tamil Nadu]. This Agreement will be governed by the laws of the State of [Tamil Nadu] without regard to its conflict of law principles to the contrary. Neither you nor [Phoenix Diagnostic Center] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Tamil Nadu]. By using this Website or enquiring about Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation:

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 Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights:

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination:

[Phoenix Diagnostic Center] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and [Phoenix Diagnostic Center] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [Phoenix Diagnostic Center] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until [Phoenix Diagnostic Center] chooses, in its sole discretion and without advance to you, to terminate it.