Effective as of May 13th 2022
Last updated on May 13th 2022
By using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You may use information on Lucilab products and services (such as articles, and similar materials) purposely made available by Lucilab for downloading from the Website, provided that you (without limiting the generality of the restrictions set out further below): (a) not remove any proprietary notice language in all copies of such documents; (b) use such information only for your personal, lawful and non-commercial purposes and do not copy or post such information on any networked computer or broadcast it in any media; (c) make no modifications to any such information; and (d) not make any additional representations or warranties relating to such documents.
This license is granted only until the earlier of: (a) the time you elect to no longer access our Website; or (b) when we decide, in our sole discretion, to either terminate or suspend your access to the Website. Under this license, except where the following restrictions are prohibited by applicable law, you may not:
- remove any copyright and other proprietary marks or notices available on the Website, including in the Content;
- except as expressly provided herein, access, monitor, acquire, copy, display, download, reproduce, retransmit, sell, resell, modify, create derivative works of or otherwise distribute in any manner any of the Website (including its Content), in whole or in part;
- modify, decompile, reverse engineer, disassemble, extract the source code of our Website or attempt to do any of the foregoing;
- attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Lucilab server, or to any of the products or services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
- transmit to us a file that contains a virus, worm, Trojan horse or other code that has the ability to corrupt, destroy or otherwise cause a negative impact;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- link, cache or frame our Website without obtaining our prior written authorization;
- use, enable, facilitate, or permit the use of the Website for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment, or in a manner that would breach any law or regulation;
- reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including personal identification or information, other than your own information, as provided for by the Website;
- transmit to us User Content that is inappropriate, such as libellous, defamatory, indecent, abusive or obscene, or that would otherwise violate any law or infringe or violate any rights of any other person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any transmission you send to Lucilab on or through the Website or any service offered on or through the Website;
- pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
- interfere with other users’ access or use of the Website or with the proper working of the Website; or
We reserve the right to take any action necessary, including legal action, to restrain any unauthorized or prohibited activity and to suspend or terminate this license and your access to the Website immediately without notice and in our sole discretion.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUCILAB, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE (INCLUDING ANY CONTENT), WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, AND ANY WARRANTIES ARISING OUT OF ESTABLISHED COMMERCIAL PRACTICE OR USAGE OF TRADE. WITHOUT LIMITING ANY OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUCILAB, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE WEBSITE: (A) WILL MEET THE REQUIREMENTS OF ANY VISITOR OR USER OF THE WEBSITE; (B) WILL OPERATE IN THE COMBINATIONS THAT THE VISITOR OR USER MAY ELECT TO USE; OR (C) COMPLIES WITH ANY GOVERNMENTAL REGULATION REQUIRING APPROVAL OR COMPLIANCE OF ANY SOFTWARE IN CONNECTION WITH THE WEBSITE.
Without limiting the generality of the foregoing, Website Content may contain health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or references to nutrition, intellectual stimulation and exercise). Such information made available by Lucilab is: (a) for informational purposes only; (b) not to be used or construed as a substitute for professional medical advice, diagnosis, or treatment; and (c) not intended as a recommendation or endorsement of any treatment, products, exercises, procedures, opinions or any other information. Reliance on any of the Content on, or accessible through the Website, including health-related or medical-related Content, is solely at your own risk. WITHOUT LIMITING THE SCOPE OF SECTION 10, WE ASSUME NO RESPONSIBILITY FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM THE WEBSITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE READ OR OTHERWISE OBTAINED FROM THE WEBSITE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, HEALTHCARE PROFESSIONAL OR 911 IMMEDIATELY.
WITHOUT LIMITING THE FOREGOING, LUCILAB DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE (INCLUDING ANY CONTENT). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED Third-Party Sites. YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK.
10.2. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE LUCILAB PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, DAMAGES OR EXPENSES, INCLUDING ALL LEGAL FEES, DUE TO OR ARISING OUT OF OR IN CONNECTION WITH:
a) YOUR ACCESS TO OR USE OF THE WEBSITE (INCLUDING ANY CONTENT);
b) THE ACCESS TO OR USE OF THE WEBSITE (INCLUDING ANY CONTENT) BY ANOTHER PERSON FOR WHOM YOU ARE RESPONSIBLE OR WHO IS ACTING ON YOUR BEHALF; AND/OR
EACH LUCILAB PARTY SHALL HAVE THE RIGHT, IN ITS ENTIRE DISCRETION AND AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN ADDITION, EACH LUCILAB PARTY WILL HAVE THE RIGHT TO REJECT ANY SETTLEMENT OR COMPROMISE THAT REQUIRES THAT IT ADMIT WRONGDOING OR LIABILITY OR SUBJECTS IT TO ANY ONGOING AFFIRMATIVE OBLIGATIONS. YOU AGREE TO ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE LUCILAB PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
You agree that we may, at any time and for any or no reason, in our sole discretion, terminate or suspend your access to or use of our Website, even if others can continue to use or access it. Upon such termination or suspension, you must immediately discontinue your use of the Website, and destroy any copies you have made of the Content. You also agree that we shall not be liable to you, your Entity or any third party for any termination or suspension of your access to or use or the Website.
12.1. Headings and Interpretation
12.2. Entire Agreement
12.3. Severability and Waiver
12.4. Binding Nature and Assignment
12.5. Independent Contractor
12.6. Force Majeure
Lucilab may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Lucilab’s rights or property, or the rights or property of visitors to or users of the Website, including Lucilab’s customers. Lucilab reserves the right at all times to disclose any information that Lucilab deems necessary to comply with any applicable law, regulation, legal process or governmental request. Lucilab also may disclose your information when Lucilab determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
12.8. Governing Law
b) BRING ANY CLASS ACTION AGAINST ANY OF THE LUCILAB PARTIES AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. UNLESS YOU AND LUCILAB BOTH AGREE OTHERWISE, NO ARBITRATOR OR JUDGE SHALL CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.