Welcome to CommDx.com (the “Site”) and to the use of any diagnostic test kits provided by Commonwealth Diagnostics International Inc. (“CDI”), including our hydrogen and methane breath test kits (“Breath Test Kits”). Please read these terms and conditions carefully before using this Site or any of our products and services. By accessing or using the Site, or by using any CDI Breath Test Kit, you agree to be bound by these terms and conditions.

Scope of These Terms

These Terms and Conditions apply to your use of our www.CommDx.com website (the Site), as well as to your receipt, use, return, and any subsequent processing and analysis of any patient samples, including all laboratory services associated with the taking and returning of any CDI Breath Test Kits. These Terms and Conditions are incorporated by reference into the Breath Test Requisition form, the Instructions for Use contained in each Breath Test Kit, and the Breath Test Requisition form and Instructions for Use are incorporated by reference into these Terms and Conditions. By signing and submitting the Requisition form, by using the Breath Test Kit, or by following the Instructions for Use, you acknowledge and agree that you have read, understand, and accept these Terms and Conditions. Acceptance of these Terms and Conditions is required for CDI to process your test.

Disclaimer of Content

This site provides information about our company and the products and services offered by CDI, including diagnostic health testing and services, data analysis, clinical trials capabilities, and information about various health conditions. If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this site.

The information (including without limitation advice and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Use of this Site does not create a doctor-patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment.

While CDI attempts to keep all the information on the Site up-to-date, medical treatment and knowledge change quickly, and this Site should not be considered error-free or as a comprehensive source of all information on a particular topic. CDI makes no warranties or representations as to the accuracy of the content of the Site and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these terms and conditions and the CDI Site. You assume the entire risk of loss in using this Site and materials contained in the Site.

Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.

Copyright Trademarks and other Intellectual Property

Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. All materials on the Site may be accessed, downloaded, or printed for the noncommercial purpose of scientific or educational advancement or within the scope allowable by these terms and conditions. No other use of these materials may be made without express written permission of the operators of CDI. Any unauthorized use of the words or images on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Site includes material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Site. The copyrights are owned by CDI or, for licensed content, the content providers.

CommDX.com is owned by CDI. None of the names, trademarks, service marks, and logos of CDI appearing on this Site may be used in any advertising or publicity or otherwise to indicate CDI’s sponsorship of or affiliation with any product or service without express written permission of an authorized representative of CDI. Nothing contained on the Site should be construed as granting by implication, estoppel, waiver, or otherwise any license or right of use to any trademark displayed on the Site without the written permission of an authorized representative of CommDx.com or the third-party owner of the trademark, if any. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Right to Change Terms and Conditions

CDI may at any time and from time to time change these terms and conditions. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on the Site. You agree to review these terms and conditions periodically, and use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

Links to Other Sites

This Site may contain third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party-owned websites or content referenced, accessed by, or available on this Site and therefore we do not endorse, sponsor, recommend, or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS OR ANY OTHER WEBSITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEBSITE OR CONTENT. If you link to third-party sites from CDI’s Site, we encourage you to consult the policy statements of each site you visit.

Links to This Site

We welcome links to this website. However, we do not wish to be linked to or from any third-party website or link which contains:

  1. any information that misrepresents the nature of your relationship with our organization or incorrect facts or data about our organization; or
  2. any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, national, or international law regulation, which may be damaging or detrimental to the activities, operations, credibility, or integrity of CDI or its subsidiaries; or
  3. any material or information of any kind which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including without limitation the making or buying of illegal weapons; or
  4. any information, software, or other material that violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary rights.

We reserve the right to prohibit or refuse to accept any link to the website, including without limitation any link which contains or makes available any content or information of the foregoing nature at any time.

Advertising and Sponsorships

We do not accept paid advertisements or sponsorships on this Site.

Disclaimer of Warranty; Limitation of Liability

CDI disclaims all express and implied warranties, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All CDI Breath Test Kits are provided “as is” and “as available” without any warranty of any kind.

To the fullest extent permitted by applicable law, CDI, its suppliers, and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of any CDI Breath Test Kit. This limitation of liability applies to any claim arising in contract, tort, statute, or any other legal theory.

Privacy Policy

CDI will treat as confidential all health-related information submitted by you, customers, or other visitors to the Site in accordance with CDI’s Privacy Policy. The purpose of our privacy policy is to identify the information we collect online, the steps we take to protect it, and your choices regarding how that information is used.

Indemnification

You agree to indemnify, defend, and hold harmless CDI and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) your violation of these terms and conditions and (ii) your posting of material to this Site.

ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL

Any and all disputes, claims, or controversies arising out of or relating to your receipt, use, return, or any other aspect of CDI’s Breath Test Kits, or these Terms and Conditions, whether in contract, tort, statute, or any other legal theory, shall be resolved exclusively through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, and the arbitration proceedings shall be held in Essex County, Massachusetts.

BY AGREEING TO ARBITRATION, YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. The arbitration shall be the exclusive remedy for any claims against CDI, whether arising in contract, tort, statute, or otherwise.

Governing Law

These Terms and Conditions and the resolution of any dispute related to these terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. This Web site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this site, CDI products, or CDI services.

CDI makes no representation that material on this site is appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified so as to be enforceable to the maximum extent permissible under applicable law, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

Termination

These terms and conditions are effective unless and until modified as noted above, or terminated, at any time, by CDI. If, in the sole discretion of CDI, you fail to comply with these Terms and Conditions, CDI may terminate these Terms and Conditions without notice and deny you access to the Site, CDI Products, or CDI Services.

Contact Information

Commonwealth Diagnostics, Inc. is headquartered in Salem, Massachusetts, in the United States of America. You may contact us with the information provided below:

Commonwealth Diagnostics International, Inc.
4 Technology Way
Salem, MA 01970
Phone: +1(888) 258-5966
Fax: +1(888) 258-5973
info@commdx.com

Specific questions and comments should be directed to the appropriate department at CDI via our Contact Us page. While we make every effort to respond to all emails within one (1) business week, we cannot guarantee a response to every electronic communication.