Terms of Use

This Web site is operated by NeoGenomics Laboratories, Inc. and its subsidiaries and affiliates, including Clarient Diagnostic Services, Inc. Throughout the site, the terms "we," "us" and "our" refer to NeoGenomics. This web site, including all information, tools and services available from this site, are offered to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Your use of this site constitutes your agreement to all the Terms of Use contained below and may not be modified or altered without our express written permission.

Accuracy, Completeness and Timeliness of Information on This Site

NeoGenomics is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and 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 on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Use of Materials on the Site

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by NeoGenomics, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download, and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the site, or use of the site for purposes competitive to NeoGenomics, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. NeoGenomics reserves the right to refuse or cancel any person's registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. NeoGenomics, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in NeoGenomics' sole discretion. NeoGenomics neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with NeoGenomics. You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. NeoGenomics reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which NeoGenomics may be entitled at law or in equity.

Materials You May Submit

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

If you do submit material, and unless we indicate otherwise, you grant NeoGenomics and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that NeoGenomics is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to NeoGenomics. You grant NeoGenomics and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify NeoGenomics for all claims resulting from content you supply.

Conduct on the Site

Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.

Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify NeoGenomics immediately. NeoGenomics may assume that any communications NeoGenomics receives under your password have been made by you unless NeoGenomics receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, NeoGenomics and the NeoGenomics Monogram/trademark. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without NeoGenomics' express written consent. Further, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without NeoGenomics' express written consent.

NeoGenomics may monitor and, subject to its Privacy Policy, record activity on this website for any reason or for no reason and may investigate any complaint or reported violation of NeoGenomics' policies. NeoGenomics may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate and may issue warnings, suspend or terminate use of this website, deny access to all or part of this website or take other action that it deems appropriate.

Links

This site may contain links to other Web sites, some of which are operated by NeoGenomics or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. NeoGenomics is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of NeoGenomics Laboratories, Inc., its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. NeoGenomics reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that NeoGenomics has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of NeoGenomics' system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our agent (“Agent”):

General Counsel
NeoGenomics Laboratories, Inc.
9490 NeoGenomics Way
Fort Myers, Florida 33912

To be effective, your notification must (i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NeoGenomics is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. NEOGENOMICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEOGENOMICS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. NEOGENOMICS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEOGENOMICS NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, NEOGENOMICS AS REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NEOGENOMICS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGES, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER NEOGENOMICS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH NEOGENOMICS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND NEOGENOMICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless NeoGenomics and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. NeoGenomics reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NeoGenomics in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of Florida govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in Fort Myers, Florida for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Florida and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

NeoGenomics reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Web site and the revised terms will take effect thirty days after their publication on the site. However, such changes will not be effective retroactively-that is, with respect to activities before we posted the changes-except to the extent that the changes expressly state otherwise. If you do not visit or use this website after any such change, or if you visit this website just enough to learn of such change and then refrain from any further visit to or use of this website, the changes will not be effective as between NeoGenomics. Notwithstanding the foregoing, changes required by, or implemented in response to any change in, applicable laws, ordinances or regulations will be effective whether or not you visit this website.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and NeoGenomics with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability, Waiver, Assignment, and Third-Party Beneficiaries

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You shall not transfer or assign any rights or licenses granted to you pursuant to these Terms of Use, and any purported assignment or other transfer in violation of this paragraph will be null and void and of no force or effect. You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

Electronic Communications

When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you use this website, you acknowledge that in using this website to send electronic communications (including but not limited to email, search queries and other Internet activities), you will be causing communications to be sent through computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of this website's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the service results in interstate data transmissions which may transit through the State of California, Florida, Texas and other states.

International Users

We control this website from our offices within the United States for use only for services provided within the United States. We make no representation that the content on this website is appropriate or that access to such content is lawful in all jurisdictions. Those who access this website from outside of the United States are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting this website and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States, and you waive any rights to control or maintain the integrity of such data afforded by national laws or international treaties. You agree not to provide data at this website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject.

Cautionary Language Regarding Forward-Looking Statements

To the extent this website may contain estimates, projections or other statements that are forward-looking in nature ("Forward-Looking Statements"). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. NeoGenomics undertakes no obligation to publicly update or revise any Forward-Looking Statements.

Force Majeure

NeoGenomics shall not be liable for any failure to perform any of its obligations under these Terms of Use if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of NeoGenomics, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department, or other entity or act of God. In such an event, NeoGenomics may elect to cancel your order and refund any payments made.

No Medical Advice

The information supplied through or on this website, or by any employee or agent of NeoGenomics, whether by telephone, email, letter, facsimile, or other form of communication, is for informational purposes only and does not constitute medical, legal, or other professional advice. Health-related information provided through this website is not a substitute for medical advice and should not be used to diagnose or treat health problems or to prescribe any medication, medical devices, or other remedies. The information on this website may be presented in conclusory, shorthand, or summary form and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product. The receipt of any questions or feedback that you submit to NeoGenomics does not create a professional relationship and does not create any privacy interests other than those described in the Privacy Policy. YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE AND CAREFULLY READ ALL INFORMATION PROVIDED BY A PROVIDER PRIOR TO REQUESTING SERVICES OR OBTAINING A PRODUCT.

Notice to Medicare Beneficiaries and Patients with Other Insurance Coverage

Medicare, insurance companies and other payors may not pay for many of the items or services offered through this website and you will have to pay for those items out of your own pocket. If you believe that an item or service on this website may be reimbursable through your insurance policy or coverage, please contact your insurance company.

How to Contact Us

If you have any questions or comments about these Terms of Use or this site, please contact us:

By Mail:	NeoGenomics Laboratories, Inc. Attn: General Counsel 9490 NeoGenomics Way Fort Myers, Florida 33912
By Telephone:	General Counsel at (239) 768-0600

Thank you for visiting our site.