INTRODUCTION. Welcome to First Hospital Laboratories, Inc., d/b/a FirstSource Solutions (“FirstSource Solutions“). By accessing the FirstSource Solutions website, including the Content (defined below) located thereon, or any portion or derivative of the FirstSource Solutions website (collectively, the “Site“), you are agreeing to the terms in this “Terms of Use” section of the Site, including any terms available by hyperlink in the Terms of Use such as the FirstSource Solutions Privacy Policy. We strongly recommend that as you read these Terms of Use you access and read all of the information provided by hyperlink. If you object to any of the terms in the Terms of Use, please do not use the Site.

FirstSource Solutions reserves the right to and may modify, amend or update these Terms of Use from time to time without advance notice to you. These Terms of Use will be available on the Site and FirstSource Solutions recommends you review the Terms of Use each time you visit the Site.

SCOPE. FirstSource Solutions operates the Site from the United States of America. If you are not a U.S. resident, you are accessing this Site solely at your own risk and are responsible for compliance with all local laws and regulations.

FIRSTSOURCE SOLUTIONS PRIVACY POLICY.  Please review FirstSource Solutions’ Privacy Policy to understand FirstSource Solutions’ practices since your use of the Site is subject to the policy. The FirstSource Solutions Privacy Policy is incorporated by reference into these Terms of Use and may be accessed via the following link: Privacy Policy

LIMITED LICENSE TO SITE.  Subject to the terms of these Terms of Use,  FirstSource Solutions grants you a limited, revocable, non-exclusive, non-transferable license to access and navigate the Site and to download, view, copy and print the Content available on the Site solely for your personal or internal business purposes and only provided that you: (1) maintain all copyright, trademark, service mark and other proprietary notices on all copies, including the copyright notice on the bottom of each page; (2) do not modify or alter any of the Content in any way; and (3) do not separate any graphics from the text with which they appear in the Content. Any unauthorized use of the Site shall terminate any license or permission granted by FirstSource Solutions.

RESTRICTIONS ON USE OF SITE.  You must be at least 18 years old to use the Site. If you are under 18 years old, you may use the Site only with supervision and involvement of your parent or legal guardian.

Your limited license granted above does not include any rights to:

·         modify, download, reproduce, copy, or resell the Site;

·         commercially use the Site;

·         use any robot, spider, data miner, scraper or other tool to access the Site or its related systems for any purpose;

·         interfere with the proper working of the Site;

·         bypass any measures used to prevent or restrict access to any portion of the Site;

·         frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of FirstSource Solutions;

·         use FirstSource Solutions’ name, trademarks, service marks or logos in any meta tags or any other similar hidden text; or

·         Compile, disseminate or otherwise use data extracted from the Site.

You agree to use the Site only for lawful purposes and are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, defamatory or other objectionable material of any kind. You agree that you will not post, publish, upload or distribute in any way to or on this Site any files or materials that:

·         are threatening, libelous, defamatory, obscene, pornographic and/or profane;

·         constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law;

·         infringe the intellectual property, privacy or other rights of any third party;

·         contain advertising or false or misleading statements; or

·         contain a computer virus or other disruptive or destructive components.

Except as may be otherwise provided in separate written agreements between you and FirstSource Solutions, you acknowledge and agree that FirstSource Solutions shall own and have the unrestricted right to use, publish and otherwise exploit any and all information that you post or otherwise publish on the Site, and you hereby waive any claims against FirstSource Solutions for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with the use and publication by FirstSource Solutions of such submissions.

ADDITIONAL TERMS AND CONDITIONS. There may be areas of the Site that require you, in order to access those areas, to register and create an account with FirstSource Solutions and to affirmatively agree to additional terms and conditions that govern that area of the Site (“Additional Terms“) prior to you being permitted to access and use those areas of the Site. Those additional terms will be considered part of these Terms of Use for you. If there is a conflict between these Terms of Use and any of the Additional Terms, the Additional Terms shall govern and control with respect to your access and use of the portion of the Site to which such Additional Terms apply.

PROPRIETARY RIGHTS.  You acknowledge that the Site and all of the content, images, information, materials and data related to or available through the Site (“Content“) and all related copyrights, trademarks, patents, trade secrets and other proprietary rights are owned exclusively by FirstSource Solutions and protected by federal, state and common law intellectual property laws. All rights not expressly granted in these Terms of Use are reserved by FirstSource Solutions. Any use, reproduction or redistribution of the Site not in accordance with these Terms of Use and applicable law is expressly prohibited. All information, data and files that you create on, through or using the Site shall become the sole and exclusive property of FirstSource Solutions. You may not modify, remove, delete, transmit, transfer or sell, create derivative works from, or in any way exploit any of the Content, in whole or in part, whether by yourself or by assisting others to do any of the foregoing. Except as expressly permitted under U.S. copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.

First Hospital Laboratories, Inc., d/b/a FirstSource Solutions, “FirstSource Solutions” and other logos, designs and service names on the Site (“FirstSource Solutions Marks”) are trademarks and trade dress owned exclusively by FirstSource Solutions and are protected under United States and international trademark law.

The works of authorship contained in the Website including, without limitation, Content, text, designs, images, forms and sound recordings as well as the selection, arrangement, coordination, compilation and derivatives of such works of authorship are, except as otherwise expressly indicated, copyrighted under U.S. and international copyright laws and are owned exclusively by FirstSource Solutions or used by FirstSource Solutions with the permission of the owner. Except as expressly stated in this these Terms of Use, such works of authorship may not be copied, transmitted, displayed, distributed (for compensation or otherwise), licensed, altered, stored for subsequent use, modified, removed, sold or otherwise used, in whole or in part, in any manner without FirstSource Solutions’ prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then only when including notice of FirstSource Solutions’ proprietary rights. You may not reproduce, change, modify, adapt or incorporate the Site, or portions thereof, into a derivative work such as a film, video, broadcast, multimedia presentation, website or advertisement without the prior written consent of FirstSource Solutions. You may not remove or alter any copyright notices or other proprietary rights notices on any portion of the Site or from any electronic or hard copies of the Site which you create.

Your limited license to use the Site does not include any right to use the FirstSource Solutions Marks or Content in any manner without FirstSource Solutions’ prior written authorization. Without limiting the foregoing, you may not use any FirstSource Solutions Marks or Content in connection with a product or service that is not FirstSource Solutions’, in any way that is likely to cause confusion among consumers or is disparaging or defamatory in any way.

NOTICES OF INFRINGEMENT  If you believe that any portion of your intellectual property right has been infringed by any submissions posted on the Site, please contact us at the address provided in the Notice section of these Terms of Use, giving a written statement that identifies the right or rights claimed to have been infringed and the infringing materials, explains why you believe, in good faith, that the exercise of the intellectual property right is unauthorized, confirms that you believe your statement to be accurate, contains the signature of the intellectual property right owner, and provides your name and contact information. Subject to an opportunity to review such statement, FirstSource Solutions will review your notice of infringement and if the material is believed in good faith to violate any applicable law, FirstSource Solutions will remove or disable access to any such material. FirstSource Solutions reserves the right to prohibit persons who submit infringing or unlawful material from use of or access to the Site.

THIRD PARTY LINKS. The Site may contain links or references to third party websites that are not controlled by FirstSource Solutions. Third party links are made available to you as a convenience and you use these links at your own risk. FirstSource Solutions is not responsible for the content, privacy policy or practices of linked third party websites. These Terms of Use apply only to information collected by or on behalf of FirstSource Solutions. If you link to a third party website, FirstSource Solutions recommends that you review that website’s privacy policy.

ADVERTISERS. FirstSource Solutions shall not be responsible or liable for any losses or damages incurred by you, your employer or any other party in connection with any dealing you may have with any of the persons or entities that advertise on the Site. Any such dealings are solely between you and the advertiser and you assume the sole risk in connection with such dealings. Unless expressly noted otherwise in writing on this Site, FirstSource Solutions does not endorse or recommend any of the advertisers or their products or services that may appear on the Site.

USE OF COOKIES. The Site may use “cookies” to help your ease of access. If you choose to decline cookies, you may not be able to fully experience all of the features of the Site.

POTENTIAL DISRUPTION OF WEBSITE. You are responsible for obtaining and maintaining all computer hardware, software, connectivity and other equipment needed to access and use this Site. Access to the Site may from time to time be unavailable, delayed, limited or slowed by reasons which may be within or beyond FirstSource Solutions’ control including, without limitation, hardware failure, software failure, overload of system capacities, acts of God, interruption of power supplies, labor strikes, governmental intervention, acts of terrorism or war, routine maintenance, software and security updates or other causes, whether similar or dissimilar to any of the foregoing. In these cases, you may be unable to transact business on the Site or do so in a timely manner. FIRSTSOURCE SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY REGARDING AND SHALL HAVE NO LIABILITY FOR CONNECTIVITY TO OR THE AVAILABILITY OF THE SITE.

NO WARRANTIES. FIRSTSOURCE SOLUTIONS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SITE. FIRSTSOURCE SOLUTIONS WILL USE REASONABLE, GOOD FAITH EFFORTS TO PROTECT THE PRIVACY OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THESE TERMS OF USE AND THE FIRSTSOURCE SOLUTIONS PRIVACY POLICY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FIRSTSOURCE SOLUTIONS MAKES NO WARRANTY THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRSTSOURCE SOLUTIONS MAKES NO WARRANTY REGARDING THE ACCURACY OR VALIDITY OF ANY CONTENT, INCLUDING ANY DATA, MATERIALS, AND/OR INFORMATION AVAILABLE ON OR THROUGH THE SITE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL FIRSTSOURCE SOLUTIONS, ITS AFFILIATES, EMPLOYEES, AGENTS, DIRECTORS OR OFFICERS BE LIABLE TO YOU, YOUR EMPLOYER OR ANY THIRD PARTY FOR, AND FIRSTSOURCE SOLUTIONS EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM OR RELATED TO: (1) ANY DISCLOSURE OF INFORMATION BY THIRD PARTIES; (2) ANY DISCLOSURE OF INFORMATION BY FIRSTSOURCE SOLUTIONS, UNLESS SUCH DISCLOSURE IS IN VIOLATION OF THESE TERMS OF USE OR THE FIRSTSOURCE SOLUTIONS PRIVACY POLICY OR AS A RESULT OF FIRSTSOURCE SOLUTIONS’ WILLFUL MISCONDUCT; (3) RELIANCE ON ANY DATA, MATERIALS, CONTENT OR INFORMATION AVAILABLE ON OR OBTAINED THROUGH USE OF THE SITE; (4) YOUR HARDWARE, NETWORK CONNECTIVITY, HOSTING SERVICES, OPERATIONAL SOFTWARE, THIRD PARTY SOFTWARE, SECURITY, THE BACKUP AND STORAGE OF ANY DATA, AND THE ACT AND OMISSIONS OF YOUR VENDORS; (5) ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR THE THEFT, DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK; (6) YOUR USE OF OR INABILITY TO USE THE SITE; (7) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; OR (8) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR MATERIAL FOUND ON OR IN CONNECTION WITH THE SITE, INCLUDING SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRSTSOURCE SOLUTIONS BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION, LOST OPPORTUNITIES OR ANY OTHER LOSS REGARDLESS OF WHETHER FIRSTSOURCE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE.

FIRSTSOURCE SOLUTIONS WOULD NOT CONSENT TO YOUR USE OF THIS SITE BUT FOR THESE WARRANTY DISCLAIMERS AND LIMITATION OF FIRSTSOURCE SOLUTIONS’ LIABILITY WITH RESPECT TO THE WEBSITE.

REMEDIES. You acknowledge and agree that a violation of the restrictions set forth in these Terms of Use will result in irreparable injury to FirstSource Solutions. Accordingly, FirstSource Solutions shall be entitled to preliminary and permanent injunctive relief for a violation or threatened violation of any provision in these Terms of Use without having to prove actual damages or to post security or a bond.

TERMINATION.  FirstSource Solutions reserves the right to suspend or terminate your use of or access to any portion of or all of the Site at any time with or without notice for any reason whatsoever.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless FirstSource Solutions and its affiliates, officers, directors, agents and employees from and against all liabilities, claims, damages, demands, and expenses (including reasonable attorneys’ fees and legal costs), regardless of any failure of FirstSource Solutions to comply fully with the requirements of these Terms of Use or any applicable law, regulation, rule or order, arising out of your: (1) use of the Site; (2) inability to use the Site; (3) breach of these Terms of Use; and (4) violation of any applicable law or the rights of a third party. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FIRSTSOURCE SOLUTIONS INDEMNIFY YOU, YOUR EMPLOYER OR ANY OTHER PARTY.

GOVERNING LAW. These Terms of Use shall be governed by the substantive and procedural laws of the Commonwealth of Pennsylvania.

JURISDICTION AND VENUE. Any action, claim or proceeding relating to these Terms of Use, the Site or regarding a disclosure of personal information must be brought in the state court in the Commonwealth of Pennsylvania, Bucks County, or the federal court located in the Eastern District of Pennsylvania and you consent to the exclusive jurisdiction and venue of these courts and waive any objection to such jurisdiction and venue, including as to an inconvenient forum.

SEVERABILITY. These Terms of Use shall, in all respects, be severable. Should any term or provision be deemed unlawful or unenforceable, such term or provision shall be revised as necessary to make such provision lawful and enforceable or, if such revision is impossible, the term or provision shall be deemed deleted.

NO MEDICAL ADVICE; LEGAL DISCLAIMER. This Site and any of its Content are not intended or recommended as a substitute for professional medical advice. Nothing contained in these Terms of Use or the Site is intended to convey any legal, medical, tax, financial, investment or similar advice, diagnosis or treatment. You should consult your own attorney, physician, accountant or advisor for such advice. While the information provided on the Site is believed to be correct, FirstSource Solutions does not warrant the accuracy of any information.

NOTICES. All notices related to this Terms of Use shall be sent via email to support@fssolutions.com with a copy sent to the following address via overnight courier or other traceable manner of shipment:

FirstSource Solutions
100 Highpoint Drive Suite 102
Chalfont, PA 18914