The applicant agrees that they have read, understood and agree to be bound by all of the OraQuick HIV Testing Grant Program Rules and by these Additional Terms and Conditions.
By applying, the applicant represents and warrants that:
A. They have obtained all required authorizations and permissions from their institution or organization,
B. They will not violate any of their institution's or organization?s rules, policies, or procedures by applying to this the OraQuick HIV Testing Grant.
C. Their institution or organization has agreed to be bound by all of the OraQuick HIV Testing Grant Program Rules and by the Additional Terms and Condition listed below.
OraSure Technologies, Inc. ("OraSure") is not responsible for applicant's actions or decisions or those of their employees or agents. OraSure reserves the right to discontinue or modify the OraQuick HIV Testing Grant Program at any time and for any reason. In such event, OraSure will post a notice on this website (www.oraquick.com). In the event of discontinuation of the OraQuick HIV Testing Grant Program . OraSure will have no liability to any existing or possible applicant or applicant's employees or agents for such cancellation or modification.
OraSure may refuse to award the prize to any or all applicants if OraSure determines at its sole discretion that the granting of such award would likely result in a violation of an applicable federal, state or local law, rule or policy. The winner and their employees and agents hereby irrevocably authorize OraSure to copy, exhibit, publish, and distribute images, audio, video and other works based upon the submission, oral discussions, and presentations, solely for OraSure marketing purposes. Applicant hereby releases and holds harmless OraSure and forever discharges OraSure from any and all claims, demands, and causes of action which may arise by reason of this authorization.
Each applicant is responsible for all of their own costs, and the costs of its employees and agents, that are incurred or that may be incurred in connection with this OraQuick HIV Testing Grant Program, including, without limitation, any tax liability and any costs associated with entering into and participating in this OraQuick HIV Testing Grant Program , developing ideas and materials, submitting materials, traveling and generally participating in the OraQuick HIV Testing Grant Program.
Applicant understands and agrees that no ideas, information, or materials that are submitted to or other-wise provided to OraSure in connection with this OraQuick HIV Testing Grant Program will be returned Each applicant and their employees and agents agree to accept and abide by the OraQuick HIV Testing Grant Program Rules and agrees that any dispute with regard to the conduct of the OraQuick HIV Testing Grant Program rule interpretation or the award of the prizes, shall be resolved by OraSure, whose decision shall be binding and final. By participating, each applicant and their employees and agents agree to release and hold harmless OraSure and all of its officers, directors, employees, agents and representatives, from any injury, loss or damage, including death or property damage, due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a grant, participation in any OraQuick HIV Testing Grant Pro-gram -related activity, or participation in the OraQuick HIV Testing Grant Program. OraSure is not respon-sible for any typographical or other error herein, administration of the OraQuick HIV Testing Grant Program or in the announcement of the award, including such error as may give an erroneous indication that an award has been won.
The funds and test kits awarded under this OraQuick HIV Testing Grant Program may not be used for any purposes other than the proposed and approved program described in the application form.
Funding may not be provided to any patient, for example, as inducement to take test. Any products awarded under this OraQuick HIV Testing Grant Program may not be re-sold and the recipi-ent may not seek reimbursement from any public or private payor for the test kits or administering the test kits.
Any unused test kits or funding not used for the proposed and approved program must be returned to OraSure.
IN NO EVENT SHALL ORASURE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARIS-ING UNDER OR AS A RESULT OF ENTRANCE IN OR PARTICIPATION IN THE GRANT PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETH-ER OR NOT ORASURE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE TOTAL LIABILITY OF ORASURE ARISING UNDER OR RELATING TO THIS GRANT PROGRAM SHALL NOT EXCEED THE TOTAL VAL-UE OF THE PRIZE AWARDED TO THE SUCCESSFUL APPLICANT UNDER THIS GRANT PROGRAM.
For the purpose of this Agreement, the term "Affiliate" shall mean any corporation or other business entity controlling, controlled by or under common control with a party; and for such purpose, "control" shall mean direct or indirect ownership of: 1) fifty percent (50%) or more of the voting interest in such corporation or other entity; 2) fifty percent (50%) or more of the interest in the profit or income in the case of an entity other than a corporation; or 3) in the case of a partnership, control of the general partner. The name of each party appearing herein or in any Grant Program application shall be deemed to be the name of each such Affiliate of that party to the extent necessary to carry out the intent of this Agreement, and provided further that the performance of the obligations of any such Affiliate shall be deemed guaranteed by the par-ty to this Agreement.