BY SUBMITTING TEST ORDERS AND UTILIZING MOLECULARDX, LLC’S (“MOLECULARDX”) SERVICES, THE USER (ON BEHALF OF HERSELF, HIMSELF AND/OR THE ORGANIZATION THAT HE/SHE REPRESENTS (COLLECTIVELY, THE “CLIENT”)) ACKNOWLEDGES AND AGREES TO THE FOLLOWING:

Limitation of Warranties. THE LABORATORY SERVICES AND THE RESULTS THEREOF (THE “SERVICES”) ARE CONDUCTED AND PROVIDED AS IS.  MOLECULARDX DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED BY THE SERVICES, ALL OF WHICH IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. MOLECULARDX DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, MADE WITH RESPECT TO THE SERVICES AND THE INFORMATION AND RESULTS PROVIDED THEREBY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Damages. MOLECULARDX SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE INFORMATION AND RESULTS PROVIDED THEREBY, OR (i) THE DEFICIENCY OR INADEQUACY OF THE SERVICES OR THE TESTS THEREUNDER FOR ANY PURPOSE, WHETHER OR NOT KNOWN BY OR DISCLOSED TO CLIENT, ANY PATIENT OR MOLECULARDX; (ii) THE INACCURACY OF TEST RESULTS FOR ANY REASON WHATSOEVER; (iii) THE CONDUCT OF THE SERVICES, THE RESULTS THEREOF OR THE USES THEREOF; (iv) ANY INTERRUPTION OR LOSS OF BUSINESS RESULTING FROM THE SERVICES; (v) ANY CLAIM RESULTING FROM ANY PATIENT’S RECEIPT OF SUCH SERVICES; (vi) ANY UNAUTHORIZED ACCESS TO THE RESULTS OF THE SERVICES OR BREACH OF SECURITY; OR (vii) ANY LOSS OF PROFITS, SALES, BUSINESS, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM THE FOREGOING.

THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN ARE IN ADDITIONAL TO, AND NOT IN SUBSTITUTION OF, ANY DISCLAIMS OR OTHER TERMS AND CONDITIONS SET FORTH IN ANY AGREEMENT BETWEEN MOLECULARDX AND CLIENT.