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Lab USA, Inc. (“Avellino Labs,” "we," "our," or "us") to the person accessing the Site ("you," or "your").
applicable laws and regulations. By accessing and using the Site, you accept, without limitation or
of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any
The information and materials on the Site are provided for general informational
purposes. You may use the Site solely for (i) the use of getting in touch with our eyecare
experts, (ii) our DNA exam for genetic corneal diseases, (iii) our current efforts in developing gene
editing technology to manage and potentially cure diseases, or (iv) other Avellino Labs products or
services. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other
content on the Site for any other purpose.
The information and materials on the Site are not intended to be, and must not be
taken to be, the practice of medicine or other healthcare services by Avellino Labs. Use of the Site does
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Avellino Labs does not represent or warrant that the functions contained in the Site will be uninterrupted
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that extent the above limitations may not apply to you.
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practices, independent of Avellino Labs. These linked sites are only for your convenience, and therefore
you access them at your own risk. Without limiting the foregoing, Avellino Labs specifically disclaims any
responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are
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Avellino Labs does not endorse the content, or any products or services available, on
such sites. Nonetheless, Avellino Labs seeks to protect the integrity of its website and the links placed
upon it and therefore requests any feedback on not only this Site, but for sites it links to as well
(including if a specific link does not work).
The following trademarks are our property: Avellino Labs, Avellino Lab USA, Inc.,
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exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or
any other country to which the United States has embargoed goods; or anyone on the United States Treasury
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Avellino Labs does not authorize the downloading or exportation of any software or
technical data from the Site to any jurisdiction prohibited by the United States Export Control laws.
California, without regard to its choice of law provisions. Any controversy or claim between the parties
arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary
Procedures for Online Arbitration of the American Arbitration Association (the "AAA"). The arbitrator
shall be experienced in agreements for information technology services, either as an attorney or as an
information technology professional. If the parties fail to appoint an arbitrator within forty-five (45)
days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any
requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA's
Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration
panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to
immediately hear and decide such request. The arbitration panel shall have the right to grant interim
awards. Testimony shall be permitted by telephone, video conference and other forms of real-time
telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in San
Francisco, California. Any controversy, claim, or dispute will be resolved with a written decision stating
legal reasoning issued by the arbitrator(s) at either party’s request, and with the arbitration costs and
reasonable documented attorneys’ fees/costs of both parties to be borne by the party that loses (does not
prevail). The arbitral award will be final and binding and may be entered and enforced in any court of
competent jurisdiction. Either party may obtain injunctive relief (preliminary or permanent) and orders to
compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
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PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE
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ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR
REPRESENTATIVE BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS
OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL
INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND
AVELLINO LABS BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A
PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE
at any time without notice to you.
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"Indemnification/' "Limitation of Liability," Dispute Resolution," "Waiver of Jury Trial and Class
Actions, "Law and Jurisdiction" and "General Provisions" will survive the termination of this Agreement.
and Avellino Labs with respect to use of the Site, superseding all prior or contemporaneous communications
invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or
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effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefit.