TERMS AND CONDITIONS
CONSIDERATION: If you do not agree to these terms and conditions, please discontinue use of this website and its products. If you agree to these terms and conditions, the Company grants you a revocable license to access and use its Website.
This Agreement sets forth the terms and conditions to which you agree if you use this Website, www.pinnertest.com. This Agreement is a contract between you (sometimes referred to as “You” or “User”) and Microwell Laboratories Inc. (the “Company”), the owner of the Website. Please read the terms and conditions carefully before using this Website.
This Website is not intended for individuals under the age of 18.
FDA REQUIREMENTS: Pinnertest is an LDT test available by prescription only in the U.S. If you are ordering from the USA, you will be redirected to https://pinnertest.com/prescription/ to submit a prescription request.
a) Your request will be reviewed by a physician or physician assistant at no charge. A prescription will be issued within the same day unless the test is deemed inappropriate for you. b) If your prescription is approved, your kit will be mailed. If not approved, your order will be canceled and any payments refunded promptly. c) Upon availability of the IgG test report (approximately one week), a physician or physician assistant will review and approve it for release. d) You may discuss the report with our physician, physician assistant, or your personal physician.
DESCRIPTION OF THIS WEBSITE: The Website (pinnertest.com) is for informational purposes and allows users to order the Pinner test. By ordering the Pinner test, you agree that:
a) The test is for adults (18 years or older) only. Children are not eligible. b) Any sample submitted is from you and no one else. c) You are responsible for consulting a physician before using the test. d) Lab results are not a substitute for a full medical evaluation. e) Laboratory results are for informational purposes only. f) You must consult a dietitian or healthcare professional before making major dietary changes. g) If you have a pre-existing food allergy, consult a medical professional before taking this test. This product is not an allergy test and is not intended for diagnostics or therapeutics. h) Normal test results do not guarantee the absence of health issues. i) Abnormal test results do not indicate a specific illness or disease.
TERM: This Agreement becomes effective when You click “I Accept” and remains in effect until: a) You opt out. b) The Company terminates the Website. c) The Company terminates your access due to default or other reasons.
ARBITRATION/WAIVER OF CLASS ACTION/APPLICABLE LAW: Any disputes between you and Microwell Laboratories Inc., its officers, employees, or affiliates, shall be resolved through arbitration by the American Arbitration Association, with hearings in New York, NY, and governed by New York law. You waive your right to a trial by jury and to participate in any class action.
DEFINITIONS: “Information”: Data on the Website, including company names, trademarks, text, metadata, photos, videos, software, product listings, pricing, and descriptions. “Company”: Microwell Laboratories Inc., its officers, directors, employees, agents, and affiliates. “Independent Contractors”: Third parties providing services/products to the Company or You via the Website. “Website”: pinnertest.com, including all associated content and backups. “User”: Any person using the Website.
DISCLAIMER: Statements on the Website are opinions, not facts. The Company does not guarantee accuracy, completeness, or reliability of the Information. The Website is not intended to provide medical advice. Consult a physician for medical concerns. The Company disclaims all warranties, express or implied, including merchantability or fitness for a particular purpose.
INDEMNIFICATION/RELEASE/HOLD HARMLESS: You agree to use the Website at your own risk and indemnify, release, and hold harmless the Company from any claims, damages, or disputes arising from your use of the Website, its products, or services.
LIMITATION OF LIABILITY: Claims must be made within two years of the occurrence. Damages are limited to the amount paid for products/services. The Company is not liable for any special, incidental, or consequential damages arising from your use of the Website, products, or Information.
LICENSE TO USE: By clicking “I Accept,” you receive a non-transferable, limited, revocable license to access the non-member pages of the Website for personal use.
LIMITATIONS ON LICENSE TO USE: You may not: a) Use the Website for commercial purposes. b) Sell, transfer, sublicense, copy, or publicly display the Website or Information. c) Use data mining or bots. d) Modify the Website or Information. e) Provide false information. f) Use Company trademarks or logos without permission. g) Use the Website unlawfully. h) Post offensive content. i) Create unauthorized hyperlinks. j) Misrepresent or frame the Website.
PAYMENTS: Payments are made through the Website’s processing system. Pricing is subject to change. Users must provide accurate contact information and are solely responsible for payment. Medicare and Medicaid do not cover these products/services.
REFUND POLICY: Refunds are available within 7 days of receiving the kit, provided the blood collection kit is unused. After 7 days or upon using the kit or receiving the report, refunds are not available.
MONITORING: The Company may monitor and remove content on the Website at its discretion but is not obligated to do so.
MODIFICATIONS: The Company may modify the Website, Information, and this Agreement at any time. Notice of changes will be posted on the Website and may be emailed to you. You agree to be bound by future changes.
PRIVACY POLICY: The Privacy Policy, available on the Website, is incorporated herein. The Company collects personal information (e.g., name, email, payment details) and may use cookies to track usage. Information is shared only as needed to fulfill orders or as provided by You to third parties.
INTELLECTUAL PROPERTY: a) User Content: Content you post on the Website becomes the property of the Company. You grant the Company a perpetual, royalty-free license to use your content. b) Company Content: The Company owns all intellectual property associated with the Website. Unauthorized use is prohibited and subject to legal action.
MAINTENANCE AND SERVICE INTERRUPTIONS: Service may be interrupted for maintenance. The Company is not liable for interruptions caused by external factors (e.g., hacking, equipment failure).
INDEPENDENT CONTRACTORS: The Company hires independent contractors for services. You release the Company from liability related to contractor performance.
DEFAULT: If you breach this Agreement, the Company may terminate your access, censor content, pursue legal action, and recover attorneys’ fees.
CONFLICTS/SEVERABILITY: If this Agreement conflicts with statements elsewhere, this Agreement prevails. Invalid provisions will be severed without affecting the remainder.
NOTICES: Notices from the Company will be sent to the contact information you provide. You must notify the Company of updates. Notices from you can be sent to: a) Email: [email protected] b) Address: Microwell Laboratories Inc., 13770 58th St. N., Ste 315, Clearwater, FL 33760
