Effective as of March 1, 2024

1. Agreement and Acceptance of Terms

About ACON

ACON Laboratories, Inc. makes Point-of-care medical and diagnostic devices more affordable to people around the world. Our medical and diagnostic products include Point of Care, Immunoassays, Molecular Diagnostic and Animal Health devices.

Description of Services

ACON also provides certain services through its Flowflex and On Call Care Alliance services that allow healthcare providers and consumers to communicate results related to certain ACON products. For more information concerning the specific services ACON provides and the terms that apply, please visit https://www.flowflexcovid.com and https://www.oncallcarealliance.com.

PLEASE READ THIS AGREEMENT AND PRIVACY POLICY CAREFULLY.

Agreement

These terms and conditions (“Terms of Use” or “Terms”) and our privacy policy (“Privacy Policy” (collectively, this “Agreement”), govern your access and use of the ACON websites https://www.aconlabs.com; https://www.oncallmeters.com; https://www.ketotrakmeter.com (the “Sites”) and any other products or services made available by ACON from time to time that are linked to these Terms (collectively, the “Services”). The Services are owned and operated by ACON Laboratories, Inc. (“ACON”, “we”, “us” or “our”).

Changes

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for notice of any changes. Your continued use of the Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to these Terms, you should stop using the Services immediately.

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT CONSTITUTE AND DO NOT PROVIDE ANY MEDICAL ADVICE AND ARE NOT INTENDED TO REPLACE CONSULTATION WITH A LICENSED HEALTHCARE PROFESSIONAL FOR THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, INJURY, OR OTHER CONDITION.

ACON, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS ARE NOT ENGAGED IN RENDERING MEDICAL, CLINICAL, OR OTHER HEALTH-RELATED ADVICE AND ARE NOT RESPONSIBLE FOR NOTIFYING ANY MEDICAL PROVIDER OR ANY OTHER HEALTHCARE PROFESSIONAL OF ANY CONSUMER’S TESTING STATUS OR RESULTS. IF MEDICAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT MEDICAL PROFESSIONAL SHOULD BE SOUGHT.

ACON, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OR OPINIONS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS CONCERNING ANY DECISIONS MADE OR ADVICE GIVEN AS A RESULT OF YOUR SELECTION, DISTRIBUTION AND CONSUMER USE OF ANY PRODUCTS AND OF THE SERVICES.

ACON is not responsible if the information on the Services is not accurate, complete, or current. The material on the Services is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material provided through the Services is at your own risk. The Services may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of these Services at any time. Still, we are free to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.

Eligibility

To use the Services, you represent and warrant that you: (a) are at least 18 years of age, or that you are of age under the laws of your jurisdiction and are lawfully able to enter into contracts and (b) you have not previously been removed from the Services by us. You may not use the Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws or any person or entity’s rights (including but not limited to copyright laws and rights of publicity). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will immediately terminate your access to our Services.

Acceptance

This Agreement contains the complete terms and conditions that govern your use of the Services. BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER IN SECTION 11. By using the Services or accepting these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to this Agreement, please do not use the Services.

2. Your Privacy

Our Privacy Policy https://www.aconlabs.com/privacy-policy/ explains what information may be collected through the Services, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.

Electronic Communications

By providing your email to enroll for use of our Services, you consent to receive all notices and information regarding our Services and other offerings electronically. Electronic communications may be delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with ACON. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.

3. Intellectual Property Rights

The Services are owned and operated by ACON. By accessing and using the Sites or by otherwise using the Services, you agree that all content, trademarks, and other proprietary materials and/or information on the Services, including, without limitation, ACON’s logos, visual interfaces, graphics, design, specifications, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, the “ACON Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and ACON (and/or third-party licensors), ACON owns and retains all rights, title, and interest in the ACON Content and the Services.

Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Services for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Services and/or the ACON Content or any Service Marks by accessing or otherwise using the Services. The license granted to you herein may be terminated by ACON at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by ACON.

You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the ACON Content. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ACON Content displayed on the Services, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of the ACON Content without the written permission of ACON or such third party that may own any Service Marks displayed on the Services.

4. Trademarks

All trademarks, logos, and service marks (collectively, the “Service Marks”) are the exclusive property of ACON (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Service Marks or any of the ACON trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

5. User Prohibitions

When you use the Services, you acknowledge and agree that:

You will abide by these Terms.
You will not: (i) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Services; (ii) modify, translate, adapt, alter, or creative derivative works from the Services; (iii) copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Services; or (iv) distribute, sublicense, rent, lease, loan or grant any third party access to or use of the Services to anyone.
You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories, and other equipment needed for you to access and to use the Services.
You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.
You will not use the Services for any harmful, illegal, nefarious, or untoward purpose.
You will not use or attempt to use any cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Services.
You will not interfere or disrupt the Services or its servers or networks connected to the Services including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any ACON page is rendered or displayed in a browser or on a device.
You will not crawl, scrape, cache, or otherwise access any content or information on the Services via automated means.
You will not create an account through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. Should you use any automatic, macro, program, or similar method, or otherwise commit fraud with regard to the Services, ACON reserves the right to pursue legal action against you.
You will not use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

We reserve the right to refuse access to the Services to you, for any reason at any time, at our sole discretion.

6. Compliance with Laws

The Services are accessible from the U.S. and other countries. Although the laws of each State and Country may differ, you agree that this Agreement shall be governed by the laws of the State of California, without regard to any principles of conflicts of law. You agree to comply with all applicable laws regarding your use of the Sites and Services. All healthcare providers, health plans, and health insurers agree to comply with the Health Insurance Portability and Accountability Act (HIPAA) to the extent applicable.

7. Links to Third-Party Sites

The Services may be linked to other Sites that are not ACON properties (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than ACON, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites, including but not limited to Amazon, Facebook, YouTube. ACON does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT ACON WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply ACON’s endorsement or recommendation.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACON, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACON AND ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSEES (THE “ACON PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

THE ACON PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE SERVICES, ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED THROUGH THE SERVICES, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.

THE ACON PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE SERVICES.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE ACON PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ACON PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE ACON PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE ACON PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF THE ACON PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, IN NO EVENT WILL THE ACON PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIFTY UNITED STATES DOLLARS ($50.00).

ACON IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE ACON PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

10. Indemnification

You agree to defend, indemnify and hold the ACON Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Services or with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (a) your breach or alleged breach of these Terms of Use; (b) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or federal or state privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) your breach or alleged breach of the representation and warranties set forth in these Terms of Use. ACON reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ACON.

11. Arbitration

Arbitration. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT IN SAN DIEGO, CALIFORNIA BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF CALIFORNIA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.

Waiver of Class or Consolidated Actions. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.

12. General Provisions

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement in Section 11 above shall be governed by the Federal Arbitration Act. All claims arising out of or relating to this Agreement, to the Services, or to your relationship with ACON that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of California. You and ACON consent to the exercise of personal jurisdiction of courts located in San Diego, California and waive any claim that such courts constitute an inconvenient forum.

Waiver and Severability

Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of ACON. No failure or delay by ACON in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with ACON. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

Assignment

ACON may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.

Entire Agreement

This Agreement (which includes these Terms of Use, our Privacy Policy and any other ACON terms that govern your use of Services), constitutes the entire agreement between you and ACON.

13. Comments and Concerns

These Services are operated by ACON Laboratories, Inc., 9940 Carroll Park Drive, San Diego, CA 92121

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@aconlabs.com

Terms of Use