Terms and Conditions of Use Policy
Blackfly Investments, LLC, a Washington limited liability company, dba Molecular Testing Labs™ /MTL / moleculartestinglabs.com, is a molecular genetics testing service which provides a variety of products and services to its customers (“Products and Services”). Use of the Products and Services is governed by this Terms and Conditions of Use Policy (this “Agreement”). Please read this Agreement carefully before accessing or using the Products and Services. Throughout this Agreement, Molecular Testing Labs™ / MTL / moleculartestinglabs.com may be referred to as “we” or “us” and in the possessive, “our”, and you the customer may be referred to as the “user”, “you” or, in the possessive, “your”.
General Terms and Conditions
Your access to and use of this site and our Products and Services bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site, you may not use the site nor our Products and Services.
Molecular Testing Labs™ / MTL / moleculartestinglabs.com may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. By accessing or using the Products and Services, you agree to be bound by all of the Terms and Conditions of Use Policy at the time of your access or use. You agree to review the Agreement each time you access the site or use the Products and Services so that you are aware of any modifications made to this Agreement.
THE PRODUCTS AND SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THAT MEANS THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PRODUCTS AND SERVICES IS INTENDED FOR CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
This site and our Products and Services are for the purpose of consumer education only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The service provided by Molecular Testing Labs™ / MTL / moleculartestinglabs.com is to educate users on health care and medical issues. This site and our Products and Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
Because of the designated purpose of this site and the Products and Services we provide, you understand and agree that Molecular Testing Labs™ / MTL / moleculartestinglabs.com is not providing any service which targets any one community, user group, business or industry. We hereby advise you to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
We may, at our sole discretion, share your personally identifiable information with third parties who we have engaged to help us provide the Products and Services. In each case, we will make every effort to ensure that these third parties have agreed not to use or disclose your personal information except to help us provide the Products and Services.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for download through the Products and Services we provide will be free of infections or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to Molecular Testing Labs™ / MTL / molecualrtestinglabs.com for the reconstruction of any lost data. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.
Molecular Testing Labs™ / MTL / molecualrtestinglabs.com reserves the right to refuse service or cancel orders in our sole discretion.
Warranties and Limitation of Liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCTS AND SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE PRODUCTS AND SERVICES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE PRODUCTS AND SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PRODUCTS AND SERVICES.
- Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. Users will not use this site for any purpose in violation of local, state, national or international laws. Users will not use this site as a means to distribute advertising or other unsolicited material to any third party. Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
- Users will not impersonate another person.
- Users will not hold Molecular Testing Labs™ or any of our affiliates, subsidiaries, parent company or other owner(s) liable for damages including (but not limited to) loss of wages, revenue or business because of any Products and Services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the Products and Services of this site will be for you to discontinue use of the Products and Services.
- Users will indemnify Molecular Testing Labs™ and any of its owners, parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the Products and Services, or any breach or violation of this Agreement or any other term or condition contained on or provided with the Products and Services.
- Users agree to comply with all user responsibilities and obligations as stated in this Agreement.
All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to the terms of this Agreement and to use this site in accordance with the terms of this Agreement.
If you are under the age of 18, you may use moleculartestinglabs.com only with involvement and permission of a parent or guardian.
If you use the blog feature, you agree to the following. By posting any comments, posts or other material on the blog, you give Molecular Testing Labs™ the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media.
You also agree that you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion
- Post advertisements or solicitations of business
- Post chain letters or pyramid schemes
- Impersonate another person
- Allow any other person or entity to use your identification for posting or viewing
- Post the same note more than once or “spam”
In the event you fail to abide by the terms set forth immediately above, or for any other reason, Molecular Testing Labs™ reserves the right (but is not obligated) to do any or all of the following:
- Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with this Terms and Conditions of Use Policy
- Terminate a user’s access to the blog feature upon any breach of this Terms and Conditions of Use Policy
- Edit or delete any communications posted on the blog feature, regardless of whether such communications violate these standards
- Finally, you agree that you will indemnify Molecular Testing Labs™ against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted.
Any dispute relating in any way to your visit to Molecular Testing Labs™ / MTL / moleculartestinglabs.com or to the Products and Services you purchase through Molecular Testing Labs™ / MTL / moleculartestinglabs.com shall be submitted to confidential arbitration in Vancouver, Clark County, Washington. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree that this Agreement is entered into between you and Molecular Testing Labs™ in the State of Washington, United States of America, and is performed within the State of Washington and governed by and shall be construed in all respects under the laws of the State of Washington, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Products and Services, you and Molecular Testing Labs™ each irrevocably agree to submit, subject to the above mentioned arbitration provisions, to the exclusive personal jurisdiction of the Superior Courts of Clark County, Washington, Where it is ultimately determined that such Courts do not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court for the Western District of the State of Washington. Regardless of which of the two above-mentioned Courts has jurisdiction, you and Molecular Testing Labs™ each waive any jurisdictional, venue or inconvenient forum objections to such Court.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and Molecular Testing Labs™ relating to the access and use of the site and any of its Products and Services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Any information contained on or provided with the Products and Services inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Termination of Services
If you violate this Terms and Conditions of Use Policy, your use of this site will terminate. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
We do not guarantee continuous, uninterrupted or secure access to our Products and Services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that this Terms and Conditions of Use Policy and all incorporated agreements between Molecular Testing Labs™ and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of this Terms and Conditions of Use Policy does not waive our right to act with respect to subsequent or similar breaches. This Terms and Conditions of Use Policy sets forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.
Copyright and Trademarks
The names “Molecular Testing Labs™”, “MTL” and “moleculartestinglabs.com” and the associated logo are trademarks and/or service marks of Blackfly Investments, LLC. The materials on the site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Products and Services for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).