Terms and Conditions

The Anavasi Diagnostics Terms and Conditions covers the following categories:

• Customer Terms and Conditions

• Website Terms of Use

CUSTOMER TERMS AND CONDITIONS

1.       General 

a)        Each CUSTOMER will be required to sign an agreement (“Agreement”) prior to purchasing product(s) (“Product”) from ADL Diagnostics, dba Anavasi Diagnostics with facilities at 15305 NE 95th St. Redmond, WA 98052 (“SUPPLIER”). The Agreement's term shall be for one (1) year, commencing on the effective date. 

b)        This document constitutes an offer by CUSTOMER to purchase Product described in the Agreement to which these terms and conditions apply ("INVOICE"). CUSTOMER agrees to purchase Product from SUPPLIER only on the terms set forth herein and on any agreement to which it is attached, notwithstanding any language in any other purchase order, if one exists, or other written or oral representation made prior to, simultaneously with, or at any time after the INVOICE. No addition or modification of these terms and conditions may be made by CUSTOMER without SUPPLIER’s express written agreement. SUPPLIER’s agreement to provide Product is expressly conditioned on the assent to all the terms and conditions set forth herein by SUPPLIER. 

c)        CUSTOMER shall be deemed to have made an unqualified acceptance of these terms and conditions of sale on the earliest of the following to occur: (i) CUSTOMER’s payment of any amounts due hereunder; (ii) Delivery by SUPPLIER of Product; or (iii) any other event constituting acceptance at law. 

d)        These terms and conditions shall be governed by and construed according to the laws of the United States of America. 

e)        The invalidity of any provision herein shall not affect the validity of any other provision. 

f)         The failure of SUPPLIER to insist, in any one or more instances, upon performance of any term herein shall not be construed as a waiver or relinquishment of any right granted hereunder or the future performance of such term. 

g)        SUPPLIER may modify these terms & conditions at any time prior to CUSTOMER’s purchase of Product without CUSTOMER’s notice or consent. A CUSTOMER’s purchase of Product shall be governed by the then current terms & conditions. SUPPLIER may change its terms & conditions between CUSTOMER’s purchases of Product. 

2.       Delivery, Title, and Risk of Loss 

a)        All shipments are F.O.B. WASHINGTON USA. CUSTOMER shall pay all shipping costs directly or they shall be added to the INVOICE price. Unless specified, SUPPLIER will select a recognized carrier for shipping on CUSTOMER’s account. Delivery shall be deemed to have been made when the SUPPLIER places Product at the disposal of such carrier and Product shall be at the risk of CUSTOMER from such time. All Product delivered remain the property of SUPPLIER until paid in full.  

b)        Shipping dates communicated by SUPPLIER are based on prompt receipt of all necessary information regarding the order. SUPPLIER will use all reasonable business efforts, but does not guarantee, to meet scheduled dates. 

c)        SUPPLIER is not responsible for any loss, damage or delay that may occur after the earlier of (i) Product has been delivered to carrier and (ii) CUSTOMER takes possession. All claims relating thereto shall be made to the carrier. 

d)        CUSTOMER shall inspect Product immediately after receipt. Claims for shortages, defects or other errors must be made in writing to SUPPLIER within seventy-two (72) hours after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all claims by CUSTOMER. 

3.       Pricing, Taxes and Other Charges 

a)        Prices for Product exclude all shipping, freight, insurance, sales, excise, use, value added, and other taxes, fees, duties, and other charges imposed with respect to the sale, handling, delivery, import, export, or use of any of Product. All taxes, freight and insurance are the sole responsibility of CUSTOMER. SUPPLIER shall add to invoices taxes it deems applicable to CUSTOMER and after receipt of payment, including such taxes from CUSTOMER, remit to the appropriate taxing authority; provided, however, CUSTOMER shall remain liable for all taxes, fees, and duties for Product regardless of SUPPLIER’s applicability determination. 

b)        Any price reduction or discount received by CUSTOMER for Product is a “discount or other reduction in price” under Section 1128B(b)(3)(A) of the Social Security Act and is otherwise intended to be a discount within the meaning of applicable federal and state anti-kickback laws and regulations. CUSTOMER shall accurately report all prices, discounts, and rebates to third party payors, including, without limitation, Medicare, and Medicaid, maintain records thereof, and provide information to third party payors, in accordance with all such contractual requirements, as required by 42 C.F.R. § 1001.952(h) and as otherwise required by applicable law. CUSTOMER represents and warrants that it will satisfy all such requirements imposed on CUSTOMER, including when required by law, the requirement to accurately report, or make available upon request by a federal or state health care program or other third-party payor, the net cost actually paid by CUSTOMER for Product covered by the Agreement. SUPPLIER agrees that it shall refrain from doing anything that would impede CUSTOMER from meeting its obligations under this section 3. 

4.       Terms of Payment 

a)        Terms of payment are strictly net thirty (30) days from date of invoice for pre-approved Customers. Some credit cards are accepted for payment (a transaction fee may apply). SUPPLIER reserves the right to require pre-payment or COD for Product purchases. In SUPPLIER’s sole discretion, credit terms may be extended to CUSTOMER. Prices set forth in the Agreement are guaranteed for one (1) year from the date of the Agreement all amounts not paid in full within the terms specified herein. 

b)        Payments shall be made by wire transfer to the SUPPLIER’s bank account or as CUSTOMER may be advised by SUPPLIER in writing. 

c)        If CUSTOMER fails to pay any amount due hereunder when due or if CUSTOMER defaults in payment of the INVOICE (including these terms and conditions), SUPPLIER may, without liability and in addition to any other remedies:  (i) declare immediately due and payable all CUSTOMER’s obligations to SUPPLIER, (ii) change credit terms with respect to any further deliveries or overdue amounts, (iii) apply interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorney fees and disbursements and court costs) incurred by SUPPLIER in collecting such overdue amounts or otherwise enforcing SUPPLIER’s rights hereunder, or (iv) suspend or discontinue any further deliveries or other obligations until CUSTOMER pays all overdue amounts. 

5.       Cancellation and Changes 

a)        SUPPLIER may not cancel or modify an order or any part thereof without CUSTOMER’s prior written consent.  

6.       Customer Obligations 

a)        CUSTOMER shall use Product solely to perform in vitro clinical diagnostic testing of samples taken from the human body (“Specimens”) in accordance with all applicable federal, state and local laws, rules, regulations, guidelines, directives, regulatory requirements and laboratory standards, including without limitation (if and to the extent applicable) the Clinical Laboratory Improvement Amendments of 1988 (“CLIA”) and those laws, rules, regulations, guidelines and directives pertaining to privacy and protection of personal data and health information, and for no other purpose (the “Permitted Use”). CUSTOMER and its affiliates and their end users shall have been, and shall always be, onboarded, certified, and licensed to use Product including without limitation, CUSTOMER and its affiliates and their end users shall have completed the appropriate qualification and validation procedures to use Product and shall meet then-current CLIA standards. CUSTOMER further agrees to use and shall ensure that its affiliates and their end users use of each Product only one time and in accordance with Product’s instructions for use (“IFU”). CUSTOMER shall require all its affiliates and their end users of Product to comply with this section 6. 

b)        CUSTOMER shall not sell, offer to sell, lease, license, distribute or transfer Product to third parties within or outside the country of CUSTOMER’s delivery destination; provided that CUSTOMER shall have the limited right to transfer Product to any affiliate of CUSTOMER within the country of the CUSTOMER’s delivery destination solely for such affiliates’ Permitted Use. CUSTOMER shall cause its affiliates to comply with all the provisions of this Agreement, and any breach by any affiliate of CUSTOMER under this Agreement shall be deemed a breach by CUSTOMER, and SUPPLIER may proceed directly against CUSTOMER without any obligation to first proceed against such affiliate of CUSTOMER. An “affiliate” of a party means a person or entity that controls, is controlled by or shares common control with such party. 

c)        CUSTOMER shall not use Product to test Specimens obtained from outside of the country of CUSTOMER’s delivery destination or to conduct Specimen testing outside the country of CUSTOMER’s delivery destination. CUSTOMER shall not, and shall not authorize or permit any affiliate or third party to, gain access to or determine the methods of operation of Product, alter, modify, disassemble, dismantle, deconstruct, analyze, determine compositions or structures, design around, or reverse engineer Product, or any part of Product, nor attempt to, or use Product to, refurbish, reconstruct, create, develop or contract to develop a product similar to any of  Product. 

d)        CUSTOMER acknowledges that SUPPLIER has a proprietary interest in its legal and business name and reputation as well as the brand name and trademarks of its Product. Therefore, CUSTOMER agrees that it shall not use the SUPPLIER’s name nor shall CUSTOMER mention or describe the Agreement or its relationship with SUPPLIER in any press release, advertising, marketing, and promotional materials or other publications or materials without first obtaining the prior written approval of the SUPPLIER. If CUSTOMER wishes to use the trademarks associated with any Product, CUSTOMER shall request in writing the right to use such Product trademarks and include all proposed representations of any such trademarks. SUPPLIER reserves the right to approve or reject such request, for any reason or no reason, at its sole discretion. Except as set forth above in this section 6, nothing in the Agreement shall be deemed to grant or assign to CUSTOMER any rights or licenses under any patents, patent applications, trade secrets, trademarks, copyrights, or other intellectual property rights of SUPPLIER. 

7.       Limited Warranty 

a)        SUPPLIER represents and warrants to CUSTOMER that Product supplied hereunder shall, upon the date of shipment, conform to the specifications for each such Product as set forth in Product’s IFU (available online); provided that CUSTOMER and the end users maintain, handle, store and use Product in accordance with the Product IFU (available online). The warranty made hereunder is personal to the CUSTOMER and may not be transferred or assigned to a third party. Employees, agents, and sales representatives of SUPPLIER have no authority to make any representations or warranties not included herein, and any such representations or warranties should not be relied on by CUSTOMER or its affiliates or their end users. SUPPLIER’s sole obligation, and CUSTOMER’s sole remedy, for breach of the foregoing warranty shall be replacement of the non-conforming Product, provided that CUSTOMER (a) inspects each shipment of Product upon delivery to ascertain whether there is any reasonably detectable shortage, damage to or loss of Product in transit, and notifies SUPPLIER in writing of any such shortage, damage or loss within seventy-two (72) hours after delivery, and (b) notifies SUPPLIER in writing of any non-conformity* of Product with the warranties provided for in this section 7 promptly but in any event within seventy-two (72) hours after delivery, and further provided that non-conforming Product is not due to accident, disaster (which includes but is not limited to: fire, explosion, flood, water, wind, lightning or interruption of power, utilities or transportation), shipping, storage, handling or use by CUSTOMER or its affiliates or their end users other than in accordance with Product’s IFU, or neglect, misuse or alterations (which include, but are not limited to any deviation by CUSTOMER or its affiliates or their end users from Product’s IFU). CUSTOMER’s failure to notify SUPPLIER of any such shortage, damage, loss, or non-conformity within the times set forth above shall mean that such Product meets the warranties provided for in this section 7 and has been irrevocably accepted by CUSTOMER and its affiliates and their end users, and SUPPLIER shall have no further responsibility or liability.  *A non-conformity (i.e. missing component) encountered UPON test usage should be communicated to SUPPLIER within seventy-two (72) hours.

b)        PRIOR TO RETURNING ANY PRODUCT, THE CUSTOMER MUST REQUEST A RETURN MATERIAL AUTHORIZATION NUMBER FROM THE SUPPLIER (THE “RMA NUMBER”). UNLESS THE SUPPLIER HAS AUTHORIZED IN WRITING THE RETURN OF ANY PRODUCT, WHICH AUTHORIZATION WILL NOT BE UNREASONABLY WITHHELD, THE SUPPLIER WILL NOT BE OBLIGATED TO ACCEPT, MAKE ANY EXCHANGE, OR REPLACE ANY PRODUCT RETURNED BY THE CUSTOMER. The SUPPLIER will have the right to review and/or inspect any Product prior to its return or destruction by the CUSTOMER. All returned Product must be in the original package, to the extent possible, and display the appropriate reference to the RMA NUMBER on outside containers. 

c)        SUPPLIER shall not be liable to CUSTOMER, or to anyone claiming under CUSTOMER, for any other obligations or liabilities, including but not limited to obligations or liabilities arising out of breach of contract or warranty, negligence or other tort or any theory of strict liability, with respect to Product or SUPPLIER’s acts or omissions. IN NO EVENT SHALL A PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All claims must be brought within one (1) year of shipment, regardless of their nature. 

d)        CUSTOMER and SUPPLIER agree that the warranties in section 7 are non-exclusive and in lieu of all other warranties, including, but not limited to, express or implied warranties of merchantability or fitness for any particular purpose. SUPPLIER hereby excludes to the extent permitted by law all implied warranties of merchantability and fitness for any particular purpose and all other express or implied warranties. Any oral or written description of the Product is for the sole purpose of identifying the Product and shall not be construed as an express warranty. 

e)        NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LIABILITY OF SUPPLIER UNDER THE AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE PAID BY CUSTOMER TO SUPPLIER FOR PRODUCT GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL) INCURRED BY THE CUSTOMER OR ANY AFFILIATE, END USER OR OTHER THIRD PARTY, ARISING OUT OF OR RELATED TO PRODUCT, INCLUDING THE PURCHASE AND SALE OF ANY PRODUCT, OR THE USE OR FAILURE TO USE ANY PRODUCT, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER SUPPLIER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT. 

8.       Confidentiality  

a)        SUPPLIER may have provided to CUSTOMER prior to entering into the Agreement, and in connection with the Agreement may in the future provide to CUSTOMER, confidential information, including but not limited to information relating to SUPPLIER’s know-how, inventions, improvements, discoveries, patent applications, trade secrets, devices, compositions, formulas, ideas, designs, drawings, specifications, techniques, data, computer programs, methods, processes, suppliers, manufacturing, customers, product prices, discounts, sales data, marketing, product development and other business plans, legal affairs and financial and technical information and material embodiments thereof (“Confidential Information”). Confidential Information, which is solely owned by SUPPLIER, includes copies and derivations of and improvements on Confidential Information, and the terms and conditions of the Agreement shall be Confidential Information of SUPPLIER. Confidential Information may be disclosed orally or in writing. CUSTOMER may disclose Confidential Information only to its affiliates and their employees, agents, contractors, and consultants on a need-to-know basis; provided that any such person to whom disclosure is made is bound by written obligations of non-disclosure and non-use no less restrictive than those set forth herein. CUSTOMER shall take the same degree of care that it uses to protect its own confidential and proprietary information of a similar nature and importance, but in no event using less than a reasonable degree of care. CUSTOMER shall not use Confidential Information for any purpose except as expressly permitted under the Agreement and shall not use or disclose any Confidential Information to apply for, secure or perfect any intellectual property rights. This obligation of confidentiality shall not apply to any information that (a) is in the public domain, (b) comes into the public domain through no fault of CUSTOMER or anyone to whom CUSTOMER discloses Confidential Information, or (c) is disclosed to CUSTOMER a non-confidential basis by a third party having a lawful right to make such disclosure. CUSTOMER shall return Confidential Information to SUPPLIER upon request. 

9.      Related Software and Technology 

a)        CUSTOMER acknowledges that each Product and any related software and technology, including technical information supplied by SUPPLIER or contained in any documents provided or otherwise made available with Product (collectively “Items”), is subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), which may restrict or require licenses for the export of Items from the U.S. and their re-export from other countries. CUSTOMER shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. CUSTOMER shall not, without first obtaining the required license to do so from the appropriate U.S. government agency: (i) export or re-export any Item, or (ii) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. CUSTOMER shall cooperate fully with SUPPLIER in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall defend, indemnify, and hold SUPPLIER Indemnitees harmless from, or in connection with, any violation of this Section by CUSTOMER or its affiliates or their employees, contractors, consultants, agents, or end users. 

 10.    Indemnification  

a)        CUSTOMER agrees to and shall defend, indemnify and hold harmless SUPPLIER and its affiliates and their directors, officers, employees and agents (the “SUPPLIER Indemnitees”), from and against any and all liabilities, claims, demands, actions, suits and proceedings and any losses, damages, costs and expenses arising therefrom or relating thereto (including without limitation attorneys’ fees and costs of litigation, investigation and settlement regardless of outcome) that are incurred by any of the SUPPLIER Indemnitees as a result of CUSTOMER’s or its affiliates’ or their end users’, or their respective employees’, agents’ or contractors’, handling, storage, shipment, disposal or use of Product, including without limitation as a result of any of their negligence, misconduct or breach of the Agreement or violation of any law, rule, regulation, directive, guideline, regulatory requirement or laboratory standard. 

 11.    Governing Law 

a)        The Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, USA, without reference to its or any other jurisdiction’s choice of law rules. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in King County, Washington, USA, in any action arising out of or relating to the Agreement and waives any other venue to which it may be entitled by domicile or otherwise. In the event of any legal proceeding between the SUPPLIER and CUSTOMER relating to the Agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury. Any cause of action brought by CUSTOMER against SUPPLIER arising under the Agreement must be brought within one (1) year from the date that such cause of action arose. 

 12.    Severability 

a)        Should any provision of this Agreement be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. 

 13.    Force Majeure 

a)        SUPPLIER will not be liable for any delay in performance or failure to perform under the Agreement due to circumstances beyond its reasonable control including without limitation, epidemics, pandemics, quarantines, earthquakes and other acts of God, actions or inactions of government, strikes, fire, explosion, flood, riot, lock-out, injunction, interruption of transportation, supplies or utilities, unavoidable accidents, or inability to obtain supplies at reasonable prices. 

14.    Assignment 

a)        SUPPLIER may assign the Agreement without the consent of CUSTOMER. CUSTOMER may not assign the Agreement or any rights hereunder, nor delegate any duties hereunder, without SUPPLIER’s prior written consent, and any such attempted assignment or delegation shall be null and void. CUSTOMER is and shall be responsible and liable for the acts and omissions of, and any breaches of the Agreement by, its affiliates and their end users. 

 15.    Entire Agreement 

a)        CUSTOMER acknowledges and agrees that the Agreement sets forth the entire Agreement and understanding as to the subject matter hereof, and supersedes all prior and contemporaneous discussions, agreements, and writings with respect to the subject matter hereof. All previous agreements between SUPPLIER and CUSTOMER are hereby terminated and superseded by the Agreement. The Agreement may not be amended or modified except by written agreement of SUPPLIER and CUSTOMER. All rights and obligations of these Terms and Conditions shall survive the purchase and sale of any Product and continue in full force and effect. 

WEBSITE TERMS OF USE 

1.      General 

a)        Unless otherwise specified, the website terms of use (“Terms”) detailed in this section apply generally when using the Anavasi Diagnostics (“OWNER”) website (www.anavasidx.com).   

b)        Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.  By individuals using the Anavasi Diagnostics website (www.anavasidx.com) (“USERS”), USERS confirm to meet the following requirements. 

2.      Content on the Anavasi Diagnostics Website 

a)        Unless where otherwise specified or clearly recognizable, all content available on the Anavasi Diagnostics website (www.anavasidx.com) is owned or provided by the OWNER or its licensors. 

b)        The OWNER undertakes its utmost effort to ensure that the content provided on the Anavasi Diagnostics website (www.anavasidx.com) infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of USERS to enforce their rights, USERS are kindly asked to preferably report related complaints using the contact details provided in this document. 

 3.      Access to External Resources 

a)        Through the Anavasi Diagnostics website (www.anavasidx.com), USERS may have access to external resources provided by third parties. USERS acknowledge and accept that the OWNER has no control over such resources and is therefore not responsible for their content and availability. 

b)        Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. 

 4.      Acceptable Use 

a)        The Anavasi Diagnostics website (www.anavasidx.com) and its service may only be used within the scope of what they are provided for (“Service”), under these Terms and applicable law. 

b)        USERS are solely responsible for making sure that their use of the Anavasi Diagnostics website (www.anavasidx.com) and/or the Service violates any applicable law, regulations, or third-party rights. 

 5.        No Waiver 

a)        The OWNER’S failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term. 

 6.      Service Interruption 

a)        To ensure the best possible Service level, the OWNER reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the USERS appropriately. 

b)        Within the limits of the law, the OWNER may also decide to suspend or terminate the Service altogether. If the Service is terminated, the OWNER will cooperate with USERS to enable them to withdraw personal data or information in accordance with applicable law. 

c)        Additionally, the Service might not be available due to reasons outside the OWNER’S reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns, or blackouts etc.). 

7.       Service Reselling 

a)        USERS may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Anavasi Diagnostics website (www.anavasidx.com) and its Service without the OWNER’S express prior written permission, granted either directly or through a legitimate reselling program. 

8.       Intellectual Property Rights 

a)        Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Anavasi Diagnostics website (www.anavasidx.com) are the exclusive property of the OWNER or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. 

b)        All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Anavasi Diagnostics website (www.anavasidx.com) are, and remain, the exclusive property of the OWNER or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. 

 9.      Changes to these Terms 

a)        The OWNER reserves the right to amend or otherwise modify these Terms at any time. In such cases, the OWNER will appropriately inform the USERS of these changes. 

b)        Such changes will only affect the relationship with the USERS in the future. 

c)        The continued use of the Service will signify the USERS acceptance of the revised Terms. If USERS do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement. 

d)        The applicable previous version will govern the relationship prior to the USERS acceptance. The USERS can obtain any previous version from the OWNER. 

 10.    Assignment of Contract 

a)        The OWNER reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the USERS legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly. 

b)        USERS may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the OWNER. 

11.     Contacts 

a)        All communications relating to the use of the Anavasi Diagnostics website (www.anavasidx.com) must be sent using the contact information stated in this document. 

 12.    Severability 

a)        Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.