Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the application, website, products, including without limitation to make payments for your products, (“Products”) provided by Truetox Laboratories LLC (“Truetox”, “we,” “us,” or “our”), so please read these Terms carefully before using the Products.
References to “you” in these Terms of Service means you, your duly authorized representatives and any entity you may represent in connection with your use of the Products.
BY USING OR OTHERWISE ACCESSING THE PRODUCTS, YOU AGREE TO THE TERMS OF THIS AGREEMENT. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE PRODUCTS IN THE STATE OF NEW YORK. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE PRODUCTS. Please note that we offer the Products “AS IS” and without warranties.
You acknowledge that although Truetox Content does not create a professional/client relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing an appropriate drug test. “Content” means content, text, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Products and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
YOU ARE RESPONSIBLE FOR CHOOSING THE APPROPRIATE DRUG TEST TO MEET YOUR INDIVIDUAL NEEDS. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PRODUCT PERFORMANCE OR ANY OTHER CONTENT AVAILABLE REGARDING THE PRODUCTS.
DISCLAIMER
You acknowledge and agree that:
a. Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Truetox Laboratories reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. TRUETOX LABORATORIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. TRUETOX LABORATORIES HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL TRUETOX LABORATORIES BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER TRUETOX T LABORATORIES HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE
You understand, acknowledge, and agree to the following:
a. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
b. You grant to Truetox the right to use all content you upload or otherwise transmit to this Web site, subject to these Terms and Conditions and Truetox’s Privacy Policy in any manner Truetox chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
c. Except as expressly stated and agreed upon in advance by Truetox Laboratories, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to Truetox Laboratories (such as feedback, questions, comments, suggestions, ideas, etc.). If any Truetox Web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Truetox shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Truetox shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Truetox is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Site and/or Products , or (b) the violation of this Agreement (including without limitation the Terms of Use, the Acceptable Use Policy, and the Additional Terms), or of any intellectual property or other right of any person or entity, by you or any person using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
Choice of Law; Arbitration Clause and Waivers
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE PRODUCTS , AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.
You additionally agree to waive any claim, known or unknown, against any institution that suggests, recommends, or encourages the Products of Truetox for any purpose. Your use of the Truetox platform or Products is voluntary and any action or inaction that follows your use of same is expressly disclaimed from liability by Truetox or any institution or intermediary that recommends and/or uses the Truetox results in any capacity.
Truetox Laboratories, LLC– January 4, 2023