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1. Acceptance of the Terms of Use

Welcome to ATFAS Corporation ("ATFAS," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website located at ATFAScorp.com (the "Site"), including any content, functionality, services, and products offered on or through the Site.

Please read these Terms carefully before you start to use the Site. By accessing, Browse, creating an account, purchasing products, submitting information, or otherwise using the Site, you (i) acknowledge that you have read, understood, and agree to be bound by these Terms, and (ii) represent and warrant that you are of legal age and otherwise competent to form a binding contract with ATFAS. If you do not agree to these Terms, or if you do not meet all of these requirements, you must not access or use the Site or our products.

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “User”), and ATFAS.

2. Changes to the Terms of Use

We reserve the right, in our sole discretion, to revise and update these Terms from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. You waive any right to receive specific notice of each such change.

3. Accessing the Site and Account Security

3.1. Account Creation

To access certain features of the Site, including but not limited to placing orders for Products and submitting support requests, you may be required to register for an account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. Account Responsibility and Security

You are responsible for safeguarding your Account password and any other credentials used to access your Account. You agree not to disclose your password to any third party. You are solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify ATFAS immediately of any unauthorized use of your Account or any other breach of security. ATFAS will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.3. Eligibility

You represent and warrant that you are of legal age to form a binding contract and are otherwise eligible to use the Site and create an Account (e.g., a qualified veterinary professional or researcher acting in a professional capacity). ATFAS reserves the right to refuse registration or to cancel an Account in its sole discretion.

3.4. Access Rights

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

4. Intellectual Property Rights

4.1. Ownership

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all intellectual property rightsassociated with our Products (including but not limited to the "Canine Diagnostic Kits," microfluidic technology, and integrated system designs) are owned by ATFAS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2. Trademarks

The ATFAS name, the terms "Canine Diagnostic Kits," the ATFAS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ATFAS or its affiliates or licensors. You must not use such marks without the prior written permission of ATFAS. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

4.3. Patents

Aspects of ATFAS’s technology and Products may be protected by pending or issued patents.

4.4. Grant of Limited License

Subject to your compliance with these Terms, ATFAS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site, including any Content (as defined in Section 4.1) and product documentation, strictly in accordance with these Terms and solely for:

  • (a) your personal, non-commercial informational purposes; or
  • (b) your internal professional purposes as a veterinary professional or researcher for evaluating, ordering, and utilizing ATFAS Products as an auxiliary diagnostic tool in compliance with their intended use.

This license is personal to you and may not be shared.

5. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site, Content, or Products:

    • In any way that violates any applicable federal, state, local, or international law or regulation.
    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
    • To impersonate or attempt to impersonate ATFAS, an ATFAS employee, another user, or any other person or entity.
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm ATFAS or users of the Site, or expose them to liability.
  • To modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of theSite, Content, Products, or product documentation.
  • To reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any software component of the Site or Products.
  • To rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site, Content, or any features or functionality of the Site or Products, to any third party for any reason.
  • To remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, Content, or Products.
  • For purposes of competitive analysis of ATFAS’s Site or Products, the development of a competing product or service, or any other purpose that is to ATFAS’s commercial disadvantage.
  • Using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site without our prior written consent.
  • To use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site.

6. User-Generated Content

The Site may permit you to submit, upload, publish, or otherwise make available content, such as through support requests or product reviews (collectively, "User-Generated Content" or "UGC").

6.1. License to ATFAS

By submitting UGC, you grant ATFAS a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such UGC, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for any purpose, including but not limited to providing and improving the Site and Products, customer support, and marketing activities (for product reviews).

6.2. Responsibility for UGC

You are solely responsible for your UGC and the consequences of posting or publishing it. You represent and warrant that:

  • (i) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize ATFAS to use your UGC as necessary to exercise the licenses granted by you in this section;
  • (ii) your UGC, and the use of your UGC as contemplated by these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right; (b) slander, defame, libel, or invade the right of privacy; (c) be obscene, pornographic, or otherwise objectionable; or (d) violate any applicable law or regulation.

6.3. Prohibited UGC

You agree not to submit any UGC that is illegal, fraudulent, defamatory, obscene, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.

6.4. ATFAS Rights

ATFAS has the right, but not the obligation, to monitor, screen, post, remove, modify, store, and review UGC at any time and for any reason, without prior notice. ATFAS is not responsible for, and does not endorse or guarantee, UGC.

6.5. Support Requests

When submitting support requests, provide accurate and complete information. Avoid submitting unnecessary sensitive personal information or confidential patient/animal data unless specifically requested by ATFAS and through a secure channel if indicated.

7. Online Sales of Products

7.1. Product Offerings and Availability

All Products, specifications, descriptions, and prices are subject to change. We do not warrant that Product descriptions or other content is accurate, complete, reliable, current, or error-free.

7.2. Order Process

Orders are subject to acceptance by ATFAS. We reserve the right to refuse or cancel any order. An order confirmation does not signify our acceptance.

7.3. Pricing

Prices are in U.S. Dollars unless otherwise indicated and are subject to change. Prices do not include taxes or shipping/handling, which will be added.

7.4. Payment Terms

Payment must be received before order acceptance. You authorize us and our third-party payment processor to charge your selected payment method. You represent and warrant your right to use the payment method.

7.5. Shipping Policy

Shipping dates are estimates. Risk of loss and title pass to you upon delivery to the carrier. You are responsible for claims with carriers.

7.6. Return and Refund Policy

All sales of Products are considered final. Products may only be considered for return or replacement if they are confirmed by ATFAS, in its sole discretion, to have a manufacturing defect.

To be eligible for consideration due to a manufacturing defect:

  • You must notify ATFAS Customer Support in writing of the alleged defect within thirty (30) days of your receipt of the Product(s). Your notification must include your order number, a detailed description of the alleged defect, and any supporting documentation (e.g., photographs, lot numbers) as may be requested by ATFAS.
  • ATFAS Customer Support will provide instructions for the potential return of the Product(s) if deemed necessary for verification. Do not return any Product(s) without prior authorization from ATFAS.
  • If ATFAS confirms a manufacturing defect, ATFAS may, at its sole option, either (i) replace the defective Product with a new Product, or (ii) provide a refund for the original purchase price of the defective Product.
  • This policy does not cover defects or damage resulting from improper use, storage, handling, or maintenance of the Product(s); user error; or any cause external to the manufacturing process.

8. Product Information and Intended Use

ATFAS Products, including the Canine Diagnostic Kits, are intended for use by qualified veterinary professionals as an auxiliary diagnostic tool to aid in the detection of specified canine pathogens. The results obtained from the Products must be interpreted by a qualified veterinary professional in the context of a comprehensive clinical assessment, including patient history, epidemiological data, and other diagnostic procedures. The Products and any information generated therefrom are not intended to serve as a sole basis for any diagnostic, prognostic, or therapeutic decision-making. The responsibility for diagnosis and treatment decisions rests entirely with the attending veterinary professional.

9. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is available at is incorporated by reference into these Terms of Use. The Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our Site, register for an Account, purchase Products, or submit User-Generated Content. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10. Disclaimers of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER ATFAS NOR ANY PERSON ASSOCIATED WITH ATFAS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER ATFAS NOR ANYONE ASSOCIATED WITH ATFAS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ATFAS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR ANY EXPRESS WRITTEN WARRANTIES THAT MAY BE PROVIDED BY ATFAS WITH RESPECT TO ITS PRODUCTS. REFER TO PRODUCT DOCUMENTATION FOR ANY SPECIFIC PRODUCT WARRANTIES.

11. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ATFAS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL ATFAS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS (USD $100.00) OR (II) THE AMOUNT YOU HAVE PAID TO ATFAS IN THE LAST SIX (6) MONTHS FOR PRODUCTS PURCHASED FROM THE SITE OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless ATFAS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limitedto, your User-Generated Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

13. Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located the County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Term and Termination

These Terms will remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, ATFAS reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Site and its offerings (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your Account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Miscellaneous

15.1. Entire Agreement

These Terms and our Privacy Policy (and any other documents expressly incorporated by reference) constitute the sole and entire agreement between you and ATFAS regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

15.2. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15.3. Waiver

No waiver by ATFAS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ATFAS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ATFAS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. ATFAS may assign or transfer these Terms, in its sole discretion, without restriction.

15.5. Headings

The section headings used herein are for convenience only and shall not be given any legal import.

15.6. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

16. Your Comments and Concerns / Contact Information

This website is operated by ATFAS Corporation.

All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:

ATFAS Corporation legal@atfascorp.com, info@atfascorp.com

 

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