(Last Revision May 2018)
This kit has been assigned to you, and is not transferable. Pinnertest will arrange for your order to be reviewed by a doctor to evaluate the suitability of Pinnertest for you. If the doctor decides that Pinnertest is not suitable for you, your payment will be refunded within 2 business days and your personal information will be deleted from Pinnertest records. When you receive your results, you can either review them with our doctor, or with your own doctor. You can send specific questions to be reviewed and replied to by email by our doctor. If you desire to communicate with our doctor to review your results, please contact firstname.lastname@example.org. Our Test Coordinator will schedule your phone discussion with our doctor at an additional fee. (Only for USA Citizens)
This Agreement provides all the terms and conditions which you agree to if you are going to use this Website, pinnertest.com . This Agreement is a contract between you, sometimes referred to as “You” or “User”, and PINNER USA INC. and/or Arrayit Corporation, the ”Company”, owner of the Website . When you click the “Checkout” button in the order pages, it is the same as if you signed your name to this Agreement and you will then be bound by the terms of this Agreement. Please read the terms and conditions of this Agreement carefully before you proceed. If you have any questions or concerns regarding this terms and conditions, please email email@example.com .
A-DESCRIPTION OF THIS WEBSITE: The Website pinnertest.com (hereinafter referred to as the ”Website”) is for informational purposes only and from which the Pinnertest can be ordered. You agree and understand that if you order the Pinnertest:
- You certify that any sample submitted by You relating to the Website and the Pinner test is the sample from you, or a child 2-18 yrs of age for who you are the legal guardian, only and no one else.
- Your request will be reviewed by our physician before using the test.
- The lab test results are not a substitute for a full medical evaluation.
- Laboratory results are for informational purposes only.
- You are responsible to contact a professional dietitian or other medical professionals before making any major dietary changes.
- If you have a pre-existing food allergy associated with IgE, You are responsible to contact a medical professional before taking this test. This product is not an allergy test.
- If You receive results within the reference (normal) range, it does not imply that You are without any health concerns.
- If You receive results that fall outside the reference (normal) range, it does not imply illness or disease of any kind.
B-TERM. 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).
C-DEFINITIONS: 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. and/or Arrayit Corporation, as well as all of their officers, directors, managers, owners, employees, and 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.
D-DISCLAIMER: 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 IN 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.
E-INDEMNIFICATION/RELEASE/HOLD HARMLESS. 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.
F-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
G-LIMITATIONS ON LICENSE TO USE: Your limited license to use the Website as aforesaid, and use any Information related thereto, is limited as follows:
- You cannot adapt or modify the Website and/or the Information
- You cannot use the Company name, trademark or logos in any way including, without limitation, as metatags.
- You cannot use the Website for any unlawful purpose
- 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.
H-PAYMENTS AND REFUND POLICY: All fees and payments made in connection with this website are non-refundable except if the Company terminates your use through no fault of yours. Any products or services purchased via an Independent Contractor of the Company for which you seek a refund, shall be sought by You directly from such Independent Contractor. You will notify the Company at the same time you seek such a refund from any Independent Contractor.
I- FAILED INSTALLMENT PAYMENTS
If the Buyer fails to make any installment payment when due for whatever reason the Seller can demand immediate payment of the entire outstanding balance and this balance may be turned over for collection and the Buyer agrees to pay all reasonable legal fees, collection and enforcement charges to the extent permissible by law, in addition to other amounts due. and all legal claims.
A Customer may receive a refund if they have not yet opened the product and sent their sample back to our laboratory however the shipment costs will be deducted from the customer.
J-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 result from tracking clicks and interests as expressed by your use of the Website.
- 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, 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.
M-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.
N-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 relate to the Website and services and products provided by the Website, including, without limitation, maintenance, billing, account services, 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 from any against any default, causes of action, claims, damages, loss and/or judgments arising from or caused in any way by an Independent Contractor.
O-CONFLICTS/SEVERABILITY: 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,
P-APPLICABLE LAW AND JURISDICTION: In the event of any dispute or ruling regarding this Agreement, the parties agree that the laws of the State of New Jersey shall apply and that all disputes shall be subject to and heard in the State of New Jersey, County of Bergen.
Q-ARBITRATION: Except when injunctive relief is sought or there is a violation of intellectual property rights, the parties hereto agree that all disputes regarding the Website, the Company and this Agreement shall be subject to and determined by the American Arbitration Association (“AAA”) and its applicable rules and regulations. Fees for such arbitration shall be paid by the respective parties in accordance with the rules of the AAA. The prevailing party shall be entitled to reimbursement from the other party of all attorney’s fees, disbursements, fees and costs. IN AGREEING TO THIS ARBITRATION PROVISION YOU UNDERSTAND AND AGREE TO GIVE UP YOUR RIGHT TO TRIAL BY JURY, ACCESS AND USE OF COURTS OF LAW, AND RIGHT TO JOIN IN ANY CLASS ACTION.
By clicking the checkout button, you certify that you have read all the terms and conditions of this Agreement and if you click on “I accept” you shall be bound by all the terms and conditions set forth above.
By clicking the checkout button, you are also verifying that no one has forced or threatened you into agreement and that you have chosen to accept these terms and conditions as your own act and free will.