TERMS AND CONDITIONS
CONSIDERATION: If you do not agree to these terms and conditions then discontinue use of this website and its products. If you agree to these terms and conditions, then the Company will permit you a revocable license to access and use its Website.
This Agreement provides all the terms and conditions to which you agree if you are going to use this Website, www.pinnertest.com . This Agreement is a contract between you, sometimes referred to as “You” or “User”, and PINNER USA INC. the ”Company”, owner of the Website. Please read the terms and conditions of this Agreement carefully before using this website.
This Website is not to be used by anyone under the age of 18.
1. FDA REQUIREMENTS:
Pinnertest is an LDT test and is only available via prescription in the US. If you are ordering from the USA, after your order, you will be forwarded to https://pinnertest.com/prescription/ for your prescription request.
a) The received request will be reviewed by a physician on our rolls free of charge, and a prescription will be issued for the test within the same day unless the physician deems the food intolerance test to be inappropriate for you.
b) Once the prescription is approved, your kit will be mailed, If you are not approved, your order will be canceled, and in case you have made a payment, any payments made will be refunded immediately.
c) Upon availability of the IgG test report in about a week, the physician will review the report and clear it for release to you.
d) You have the option to further discuss the report with our physician* or with your physician.
*Physician consultations are optional and charged separately
2. DESCRIPTION OF THIS WEBSITE:
The Website pinnertest.com (hereinafter referred to as the ”Website”) is for informational purposes only and from which the Pinner test can be ordered. You agree and understand that if you order the Pinner test:
a) The Pinner test is for adults only, 18 years of age or more. You agree that you will not have your children tested.
b) You certify that any sample submitted by You relating to the Website and the Pinner test is the sample from you only and no one else.
c) You are responsible for consulting a physician before using this test.
d) The lab test results are not a substitute for a full medical evaluation.
e) Laboratory results are for informational purposes only
f) You must contact a professional dietitian or other medical professionals before making any major dietary changes.
g) If you have a pre-existing food allergy, you must contact a medical professional before you take this test. This product is not an allergy test and should not be used in human diagnostics or therapeutics.
h) If You receive results within the reference (normal) range, it does not imply that You are without any health concerns.
i) if You receive results that fall outside the reference (normal) range, it does not imply illness or disease of any kind.
The Term of the Agreement shall commence when You click “I accept” below and terminate when
a) You choose to opt out
b) Company terminates the Website or c) the Company terminates your right to use the Website (eg. For default or as otherwise provided herein).
4. ARBITRATION/WAIVER OF RIGHT TO CLASS ACTION/APPLICABLE LAW:
In the event of any dispute arises between you, the undersigned (and anyone else that you paid to have this test done) and Pinner USA Inc, and/or Microwell Laboratories, Inc., and their officers, directors, employees, and/or affiliates, program sponsors and/or agents, including the owner/operators of either company’s facilities, you agree that any and all disputes shall be subject to arbitration by the American Arbitration Association with any hearings, if necessary, to take place in NY, NY and subject to New York law. You hereby waive your right to trial by jury and to participate in any class action. IN AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND AND AGREE THAT YOU GIVE UP YOUR RIGHT TO TRIAL BY JURY, ACCESS AND USE OF COURTS OF LAW, AND RIGHT TO JOIN IN ANY CLASS ACTION.
Please read these definitions carefully because when you see this term used in this Agreement, it will incorporate the entire meaning as set forth herein:
“Information” is the data of the Website which includes, without limitation, Company Name, logos, trademarks, text, metadata, layouts, photos, graphs, sounds, images, audio, video, software of any kind, including HTML, product listings, pricing, descriptions, account information.
“Company” this term includes PINNER USA INC., as well as all of their officers, directors, managers, owners, employees, agents, program sponsors, owners/operators of the Company’s facilities.
“Independent Contractors” refers to third parties providing services and/or products to the Company or You via the website.
“Website” refers to pinnertest.com and all the Information associated therewith and all storage and backups related thereto.
“User” anyone, including you who uses the Website.
All statements made on the Website are statements of opinion only and not necessarily of fact. Company cannot and does not warrant that the Information available on the Website is accurate, complete, reliable, correct or current. Your use of the Information and Website is solely at your own risk and subject to your own due diligence and independent research. THIS WEBSITE IS NOT INTENDED TO GIVE MEDICAL ADVICE. Please consult your physician for any medical information in regards to your own needs or in regards to questions concerning this Website. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY STATEMENTS ON THE WEBSITE THAT MIGHT BE CONSTRUED AS MEDICAL ADVICE, AND IN REGARDS TO ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR WARRANTIES ARISING FROM CUSTOM OR TRADE OR COURSE OF DEALING.
7. INDEMNIFICATION/RELEASE/HOLD HARMLESS:
You agree that your use of the Website is at your own risk. You agree to indemnify, release and hold Company harmless from and against any claims, causes of action, damages, loss and/or judgments related to your use of the Website, its products, and/or services and from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected that You ever had, now have or hereafter can, shall or may have for, upon, or by reason of any matter, cause or thing whatsoever, whether known or unknown, suspected or unsuspected: (i) relating to or arising out of any and/or all services provided or billed by or through the Website and/or Company, from the beginning of time through and including any time in the future including but not limited to the time You accept the terms of this Agreement.
8. LIMITATION OF LIABILITY:
Any claims made by you must be made within 2 years of the date of the occurrence giving rise to your claim. You agree that any damages claimed and/or awarded to You shall not exceed the amount of your purchases for products and/or services made via this Website.
You assume full responsibility for checking the accuracy of any information on the Website, its suitability for your own purposes, and for backup of your data to prevent any loss of the same from your use of the Website.
You agree that you will not hold the Company liable for any outcome, either positive or negative, which may result from your participation in this food intolerance test.
YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES, SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, IT TEST AND PRODUCTS, AND INFORMATION PROVIDED THEREON, FOR ANY REASON WHATSOEVER
9. LICENSE TO USE:
When you click “I accept” at the end of this Agreement, you will be granted a non-transferable, limited, revocable license to access and use the generally available non-member pages of the Website for your own non-exclusive use subject to the restrictions set forth below.
10. LIMITATIONS ON LICENSE TO USE:
Your limited license to use the Website as aforesaid, and use any information related thereto, is limited as follows:
a) You cannot use this Website or the Information for commercial purposes.
b) You cannot sell, resell, transfer, sublicense, distribute, copy, reproduce, duplicate, and/or publicly display the Website and/or the Information.
c) You cannot gather info and/or Information from the Website, “data mine “and/or use any robots, bots or other software to gather and/or take any info or Information from the Website.
d) You cannot adapt or modify the Website and/or the Information
e) You cannot provide any false or misleading information to this Website either directly or via software and/or hardware used by You or affiliated with You.
f) You cannot use the Company name, trademark, or logos in any way including, without limitation, as metatags.
g) You cannot use the Website for any unlawful purpose
h) You cannot use the Website for posting any language that is bullying, libel, slander, harassment, obscene, vulgar, profane, or could incite violence.
i) You cannot create hyperlinks to or from the Website and/or its Information without the written permission of the Company.
j) You cannot do anything that would create confusion, mistake, or deception in regards to the Website. You cannot “frame” the Website or otherwise use it in a deceptive manner of presentation to others.
12. REFUND POLICY:
Within 7 days after you receive your kit, and have not used the blood collection kit, you can receive a refund after the shipping costs are subtracted. 7 days after you receive your kit or if you have performed the blood collection or have your report delivered, no refunds will be issued.
The Company has the right, but not the obligation, to monitor the Website and all postings made thereon. The Company shall have the right to remove any derogatory comments made about Company and/or the Website and/or Information made on the Website as well as any language that it construes, in its opinion, as bullying, libel, slander, harassment, obscene, vulgar, profane, could incite violence. The Company assumes no liability for postings made by You, other Users, or third parties. Company reserves the right to delete, prohibit and/or censor postings made by You or any user or a third party on the Website.
14. MODIFICATIONS TO THIS AGREEMENT AND THE WEBSITE:
The Company reserves the right to modify the Website and the Information at any time for any reason without prior notice. The Company reserves the right to modify this Agreement at any time and for any reason, and In the event of a change to this Agreement, notice that changes have been made to this Agreement will be posted on the Website. The Company shall have the right, but not the obligation, to email you notice of any changes to this Agreement to the email address provided by you and you expressly agree hereby to accept such emailing by the Company. YOU AGREE TO BE BOUND BY ANY FUTURE MODIFICATIONS AND CHANGES TO THIS AGREEMENT.
The Company will not share your personally identifiable information with third parties except as necessary to provide you with products ordered, requests made, or as provided by you directly to a third party advertiser on the Website. The Company does gather and will share data with third parties such as email addresses, IP addresses, and non-identifiable information such as results from tracking clicks and interests as expressed by your use of the Website.
16. INTELLECTUAL PROPERTY:
b) COMPANY’S OWNERSHIP OF ALL INTELLECTUAL PROPERTY ASSOCIATED WITH THE WEBSITE: The Company owns and has the exclusive right and title to the Website and all information related thereto. Neither all and/or part of the Website, its Information, and/or its trade names, trademarks, logos, web address, or IP address are to be used, copied, reproduced, republished, modified, adapted, or in any way appropriated by You. Any violation of the Intellectual Property rights of the Company shall be deemed not only a breach of this Agreement but a violation of all applicable laws relating to the violation of intellectual property rights and be prosecuted to the full extent of the law.
17. MAINTENANCE, REPAIRS, AND INTERRUPTION OF SERVICE:
The Company and/or its Independent Contractors reserve the right to interrupt service to the Website at any time for purposes of maintenance and/or repairs to the Website without any liability. In addition, the Company shall not be liable for an interruption, discontinuance of service, loss of data, viruses, or hacking caused by Acts of God, illegal activity, equipment failure, or other cause not resulting from the deliberate and willful wrongdoing of the Company.
18. INDEPENDENT CONTRACTORS:
The Company has and will hire Independent Contractors (as defined at the beginning of this Agreement) to provide services to the Company as relating to the Website and the services and products provided by the Website, including, without limitation, maintenance, billing, account services, and marketing. These Independent Contractors are separate legal entities from the Company and are not joint venturers, partners, associates, or affiliates of the Company. You agree to release, hold harmless and indemnify the Company against any default, causes of action, claims, damages, loss, and/or judgments arising from or caused in any way by an Independent Contractor.
If You violate any terms of this Agreement, the Company shall have the following rights against you without prior notice: a) to terminate your access to the Website b) to censor You c) to sue you for damages and/or injunctive relief, d) seek all rights and remedies as provided by law. In the event of a default by You of the terms of this Agreement, the Company shall be entitled to attorney’s fees and costs including the same incurred in the collection of any award. Any default of the Company is subject to the Limitations of Liability set forth above.
If there is any ambiguity or conflict between the terms of this Agreement and any statements on the Website, any statements made by the Company or Independent Contractors, or otherwise, the terms of this Agreement, as amended from time to time, shall prevail. If any provision of this Agreement is found to be in violation of law, such provision shall be deemed severed from this Agreement,
You represent that the email address and physical address (if any) provided by you is accurate and up to date and that if such changes you will promptly notify the Company and Website. You agree to accept notices and service of process from the Company via the email address provided by you and grant Company the additional right, but not the obligation, to serve you at the physical address you provided (if any). If no email address has been provided, you agree and consent in advance to any subpoenas issued by Company to any service provider to obtain the same by use of your IP address.
Notices from You to the Company shall be sent to the Company to any of the following:
a) Email: firstname.lastname@example.org
b) Physical Address:206 Pegasus Ave.D6 Northvale NJ 07647