Terms and Conditions of Use

Last Updated on August, 2021

Thank you for visiting this website ("Site") which is owned and operated by Chembio Diagnostic Brazil Ltda. ("Chembio" or "we"). Our headquarters are located at Estrada dos Bandeirantes, 11.742 – parte – Rio de Janeiro, RJ, CEP 22.783-111.

Scope of Terms and Conditions of Use

The following terms and conditions are hereby incorporated into and constitute part of these Terms:

This is a legal contract ("Agreement") between you ("you", "your" or "User") and Chembio. Please read the following Terms and Conditions of Use ("Terms and Conditions") carefully before using this Site. Your review of these Terms and Conditions along with our Privacy Policy https://chembio.com.br/privacy-policy governs your access to and use of our Site and any commitments you have with us on our social media platforms ("Platforms”). Products we offer through this site may be subject to separate or additional terms and conditions. The following Terms and Conditions are also incorporated into and constitute a part of these Terms and Conditions. In case of conflict between these Terms and Conditions and those listed above, the Terms and Conditions that will prevail will be those relating to the matter in question. Use of this website constitutes your acceptance of these Terms and Conditions and any modifications made by Chembio that may limit the features or restrict access to this website, in whole or in part, at any time and at Chembio's sole discretion. Any modifications to this site will be effective when posted at the top of this page next to the “last updated” date”.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY, PLEASE DO NOT USE ANY CHEMBIO WEBSITE, SOCIAL MEDIA ACCOUNT OR PRODUCTS.

Authorization to access the Site

We operate the website to provide information and education to the medical and scientific community, as well as to inform and sell our products to industry customers. You are granted a non-exclusive, non-transferable and revocable license to access this website and use the website strictly in accordance with these Terms and Conditions. Unless expressly provided otherwise, nothing on this site constitutes an offer or solicitation to conduct business in any jurisdiction.

You also agree not to hold us responsible for the actions of any of these third parties, even if we would normally be held indirectly responsible for their actions, and that you must take legal action directly against them should they commit any improper action against you.

You hold us harmless from any damages that may arise from or relate to the disclosure of your information at the request of law enforcement agencies or private litigants.

User Conduct Rules

You may not access or use the Site in violation of any applicable laws, regulations or third party rights. Not all products identified on this site are available in all jurisdictions. Your eligibility to receive any product is subject to approval by Chembio or its affiliate or affiliate. We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block a User's access to the Site and to block IP addresses. We also reserve the right, to the extent permitted by law, to cancel, terminate and remove your account and any user-generated content on our website or platform, in our sole discretion and at any time, including in cases of violations of these Terms and Conditions and the following Rules of Conduct.

Rules of Conduct. You will not post, transmit, communicate any content or engage in any activity through our website or platform, which:

  • promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or permits illegal activities, such as instructions on how to make or purchase illegal weapons and drugs, violate someone's privacy, harm or harass another person, steal someone's identity, create or spread computer viruses, or circumvent protection against device copy;
  • abusing, stalking, threatening or intimidating others on this website or platform;
  • is false or misleading or otherwise intended to defraud, circumvent or mislead other users of this site or platform;
  • whether defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or illegal;
  • promote or solicit the involvement or support of a political platform, religion, cult or sect;
  • contain someone else's video, audio photographs or images
  • disclose another person's personal information without their permission, collect or solicit another person's personal information for commercial or illegal purposes;
  • is off topic, meaningless or intended to annoy or interfere with third parties' enjoyment of the Sites or Services;
  • personify or otherwise misrepresent the affiliation, connection or association with any person or entity;
  • contains viruses, ransomware, time bombs, trojans, cancelbots, worms or other harmful or disruptive code, components or devices;
  • use scripts, bots or other automated technology to access the Services;
  • use the Services for chain emails, junk or spam;
  • collect or request personal information about people under 18;
  • is in any way used for, or in connection with, spam, phishing, trolling or similar activities; or
  • infringes the intellectual property right of Chembio or any third party, including copyrights in and to the content (eg, music, movies, videos, photographs, images, software, literary works, etc.); and
  • adapt, translate, modify, sell, reverse engineer, decompile, merge, disassemble, scratch, distribute or otherwise create derivative databases, services or works of or based on Chembio products or content or use the products or content for any commercial purpose.

Restricted access. Access to the password-protected areas of this website is limited to authorized users only and may require the creation of an individual access account. You are responsible for providing Chembio with complete and accurate information about your account, including providing all necessary updates. Maintaining the confidentiality of your account and password information is your responsibility. You agree to notify Chembio immediately of any unauthorized use of your account. You also agree to accept responsibility for all activities that occur under your account or password.

Any unauthorized person attempting to access password-protected areas of the website may be subject to prosecution, in addition to any other remedy available at law or equity, including suspension or termination of access to the website.

No False Information. You agree not to provide inaccurate, misleading or false information to Chembio and if the information provided to Chembio subsequently becomes inaccurate, misleading or false, you will promptly notify Chembio of such change.

Confidential Information. You will not post, copy, modify, transmit, disclose, publicly display, create any derivative works, distribute, make commercial use or reproduce in any way (i) Confidential Information or (ii) other material protected by copyright, trademarks, or other proprietary information accessible through the websites or services, without first obtaining the prior written consent of the owner of such proprietary rights.

Content License. By posting information or content on our website or platform, you automatically grant, and represent and warrant that you have the right to grant Chembio an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and prepare derivative works of, or incorporate into other works, such information and content, and grant and authorize sublicenses of the foregoing.

No Privilege or Confidentiality. Communications made through our 'contact', blog, blog comments, newsletter subscription or other related pages on social media platforms or directly to our telephone numbers or mailing and email addresses are not kept privileged or confidential and are subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media, as permitted by Brazilian law, and will not give credit or pay royalties for unsolicited user-generated content, such as blog comments or emails. We retain the right to republish any submission, in whole or in part, as reasonably necessary in the course of our business. For more information about when and how we store and use your communications or any data you provide, please see our Privacy Policy at https://chembio.com/privacy-policy.

Notice of Law No. 12.965/2014 - Marco Civil da Internet ("MCI")

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Chembio's copyright agent as set forth in the MCI. In order for your claim to be valid under the MCI, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work you claim is being infringed;
  • Identification of the material that allegedly infringes and where it is located on the Sites;
  • Information reasonably sufficient to allow Chembio to contact you, such as your address, telephone number and email address;
  • A statement that you have 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, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

The above information should be sent to the following MCI Agent:

Copyright Agent designated by Chembio
Chembio Diagnostic Brazil Ltda.
Estrada dos Bandeirantes, 11,742 - parte, Rio de Janeiro, RJ
CEP 22.783-111
[email protected]

Intellectual Property

The site is protected by intellectual property rights held by Chembio Diagnostic Brazil Ltda.

These intellectual property rights include, but are not limited to patents, trademarks, trade names, inventions, copyrights, design rights and rights in and to databases, know how and any other intellectual property related to the site. All intellectual property rights are reserved unless granted in an express written license.

Trademarks: CHEMBIO; CHEMBIO logo; DPP®, SURE CHECK®, STAT-PAK®, STAT-VIEW®, SAMPLE TAINER® e NEXT GENERATION DPP® displayed on this site are trademarks owned by Chembio in the United States and other countries. No license to use any of Chembio's trademarks is given or implied by your use or access to our website. Site users are not permitted to use our trademarks without Chembio's prior written consent.

Copyright: Except as otherwise provided in this document, Chembio owns all content contained on this site, including, without limitation, technology information sheets; instruction sheets; white books; other information, materials, text, graphics, user interfaces, visual interfaces, photographs, sounds, music, art, website design and the selection, assembly and organization thereof ("Content"). The content is protected by copyright laws of Brazil and other countries. Except for the rights granted in these Terms and Conditions, no Content on this Site may be copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse-engineered in whole or in part in any way, stored or transmitted by any means, including, but not limited to, electronic, mechanical, scanning, photocopying or recording, without the prior written consent of Chembio. Any unauthorized reproduction, retransmission or other use is strictly prohibited.

Patents: Chembio is actively involved in research and development, leading to new, updated and/or improved products and technologies. It is our policy to seek patent protection for such technologies and products in Brazil and in foreign jurisdictions. Chembio has several patents issued and pending in the United States, EPO, China, Korea, Japan, Canada, Australia, Indonesia, South Africa, Mexico, Malaysia, United Kingdom, Singapore, Brazil, Israel, India and Thailand https://chembio.com/innovation/patents/. Questions about licensing and sublicensing should be sent to [email protected].

Disclaimer of Warranties and Conditions and Limitation of Liability

Disclaimer of Warranties and Conditions

This site provides information about Chembio Diagnostic Systems, Inc. and the Products we offer, namely, Human and Veterinary Diagnostic Testing Products. The specifications of the products described or the images shown of the products on this website are subject to change at any time without notice. The product information on this website is intended solely as general information and medical diagnosis or treatment.

Chembio strives to keep all information on its website up to date. However, medical tests, treatment and knowledge can change quickly and this site should not be considered error free. Chembio makes no warranty or representation as to the accuracy of the content on this website and assumes no responsibility for any consequences relating directly or indirectly to any action you may take based on the information on this website. Use of the website is subject to the additional disclaimers and warnings in these Terms and Conditions. You bear all risk of loss by using this website and the materials referenced on it.

THE INFORMATION AVAILABLE ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CHEMBIO, ITS DIRECTORS, ADVISERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THIS SITE AND ITS USE. CHEMBIO DOES NOT REPRESENT, WARRANT OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR SITE FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THIS SITE WILL GIVE SPECIFIC RESULTS. CHEMBIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND DOES NOT ASSUME ANY OBLIGATION OR RESPONSIBILITY FOR ANY MISSIONS, MISSIONS, FAILURES, IMPLICATIONS ) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (III) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR ANY OTHER MALWARE OR ANY OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THIS SITE, OR (IV) FOR ANY LOSS OR TYPE INCURRED AS A RESULT OF THE USE OF ANY INFORMATION PUBLISHED, SENT BY E-MAIL, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH OR THROUGH THIS SITE. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SITE AND ANY LINKED SITES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHEMBIO, ITS DIRECTORS, ADVISORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OR INABILITY TO USE THIS SITE OR THE CONTENT ON THE SITE, WHETHER OR NOT BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER CHEMBIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT.

Indemnity

You agree to indemnify, defend and hold harmless Chembio Diagnostic Systems, Inc. from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any breach by you of these Terms and Conditions or termination of your access to or use of the Site. Such termination will not affect the rights or obligations of either party, which accrued prior to termination.

Advance Statements

This site contains information or materials that include or are based on forward-looking statements under federal securities laws, including the Private Securities Litigation Reform Act (PSLRA) of 1995. Such forward-looking statements may be included in press releases, registrations made by Chembio with the Brazilian Securities and Exchange Commission and other website content. These forward-looking statements regarding future events and our future performance are based on expectations, estimates, forecasts and projections and the beliefs and assumptions of our management at the time such statements are made, and are not guarantees of performance. Words like "expect", "anticipate", "target", "project", "believe", "set goals", "estimate", "potential", "anticipate", "plan", "may", "will, “could”, “intend”, variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements may be subject to inaccurate assumptions or affected by known or unknown risks and uncertainties. Some of these risks and uncertainties are described in detail under the heading “Risk Factors” in our public filings with the Brazilian Securities and Exchange Commission. Therefore, actual results may differ materially and adversely from those expressed or implied in any forward-looking statements. We assume no responsibility to update or revise any forward-looking statements to reflect events, trends or circumstances after the date they were made.

No Offer or Request

Nothing on this site constitutes investment advice, including press releases, investor relations materials or our SEC filings. We provide Investor Relations materials for your convenience and information Only. In addition, investor relations materials and other Content are not offers to sell or solicitations of an offer to buy any security.

Intended Use

All Chembio Diagnostics Brazil Ltda. must be used in the prescribed manner, as indicated on the product packaging and package insert. Users are prohibited from using the products in a manner not expressly indicated on the Product packaging and package insert.

Preparations with Hazardous Substances

The diagnostic products of Chembio Diagnostics Brazil Ltda. may contain hazardous, unsafe substances or substances that require handling by qualified and trained personnel. Disposal and handling of these substances must follow the instructions identified/marked on our Product packaging and Product package inserts and as required by state or federal legislation (Law No. 9,605/98, amended by Law No. 12.305/2010, CONAMA Resolution No. 358/2005, RDC No. 222/2018 and RDC No. 306/2004 - ANVISA, and Regulatory Standards NBR 11564 and NBR 10.004 - ABNT).

Connecting to Third Party Sites

The Site includes links to third party websites. Links to third party websites or content are provided for convenience only. Such links do not imply any relationship, sponsorship or affiliation between us and such third party websites, or adoption or approval of the content of such websites. We are not responsible for the content or use of third-party websites, or for the terms of use or privacy practices of such websites. We recommend that you review the terms of use and privacy policies posted on these and all third-party sites. Such access to third party websites is at your own risk.

Governing Law and Jurisdiction

This website and its contents are controlled by Chembio from our offices in Brazil. We make no representation that the information or materials on the website are appropriate or available for use in any other jurisdictions. The website is designed to comply with the laws and regulations of Brazil. Access to our website and/or content or other materials from jurisdictions where such access is illegal is prohibited. Users who access this website or its content located outside Brazil are responsible for compliance with applicable laws. This site is not intended to be a product solicitation or product promotion in countries where such activities are prohibited. You may not use or export the materials on this site in violation of Brazil's export laws and regulations. Any claims related to our Site and its Content and other materials will be governed by Brazilian law, without giving effect to any principles of conflicts of laws.

Miscellaneous

No Waiver. Our failure to insist or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any right.

Compliance with Applicable Laws. You represent and warrant that you will comply with all laws and regulations that apply to your access to and use of the website, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

Autonomy of Contractual Provisions. If any provision of these Terms is found to be unenforceable, the remaining Terms will remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely approximates the intent behind the unenforceable provision.

Assignment. We may assign our rights and duties under these Terms and Conditions to any party, or we may replace the contractually bound entity by novation, posting on the website or updating these Terms and Conditions under the name of another entity, at any time without notice to you.