Lab Test Analyzer Terms of Service

Welcome to Lab Test Analyzer. We are an online service that provides science-based information and health recommendations based on your lab test results. Yourselfshop LLC and/or its affiliates (Lab Test Analyzer, Lab Test Analyzer®, '"we", "us", or "our") provide website content, functionality, and other services to your when your visit or make a purchase at www.LabTestAnalyzer.com (the "Website") or remotely through any Lab Test Analyzer applications (collectivelly, the "Services"). The following Terms of Service form a binding agreement between you and us, whether or not you register and become a subscriber ("Registered User") or browse the Website as a "Visitor", where '"you" or "your" refers to the person accessing or using the Website. Registered Users and Visitors may be referred to collectively as "Users".

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. By accessing the Website you agree to be bound and abide by these Terms of Service.

We may at our sole discretion change, add, or delete portions of these Terms of Service at any time on a going-forward basis. It is your responsibility to check these Terms of Service prior to the use of the Website and Services, and in any event your continued use of the Website and Services following the posting of changes to these Terms of Service constitutes your acceptance of any changes. We will notify you of any such material changes by posting a notice of the change on the Website, and/or, in our sole discretion, by email. Certain services available through our Website, may have their own terms and conditions that apply to your use of those services.

The Website is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain personal information from people we actually know are under 18 years old, and no part of the Website or Services are designed to attract people under 18 years old. If we obtain knowledge that a user is under 18 years old, we will take steps to remove the user's personal information from our database. You agree that by using our Website and Services, you are at least 18 years of age.

No Medical Advice

The information contained on this Website, or provided at your request, is for informational purposes only. No information on this Website is or should be used for the purposes of diagnosing, treating, curing or preventing any disease. The information on this Website has not been evaluated by the Food and Drug Administration. Nothing on this Website is intended to recommend any particular form of medical treatment or that individuals manage their own health problems without the advice of a licensed health care practitioner. You should absolutely consult a qualified medical professional before making any health decision or taking any product. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a professional health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. No information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.

Users

You promise that all information you provide to Lab Test Analyzer is true, accurate, current, and complete, and that you agree to maintain and properly update such information to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that such information is not true, accurate, current, or complete, we may deny or terminate your access to our Website and Services (or any portion thereof).

Certain services are only available to Registered Users who are required to set up an account prior to accessing such services ("Account"). When you set up an Account, you are required to enter your name, email address, password ("Password") and certain other information collected by Lab Test Analyzer. You may not transfer or share your Password or Account (collectively, the "Account Information") with anyone. You are solely responsible for maintaining the confidentiality of your Account Information and you are fully responsible for all activities that occur under your Password or Account. You agree to immediately notify us of any unauthorized use of your Account Information or any other breach of security. You are solely responsible for any and all use of your Account. Without limiting any rights which Lab Test Analyzer may otherwise have, Lab Test Analyzer reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account, including without limitation terminating your Account, changing your Password, or requesting additional information to authorize transactions on your Account. Notwithstanding the above, Lab Test Analyzer may rely on the authority of anyone accessing your Account or using your Password and in no event and under no circumstances shall Lab Test Analyzer be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Lab Test Analyzer under this provision, (ii) any compromise of the confidentiality of your Account or Password, and (iii) any unauthorized access to your Account or use of your Password. You may not use anyone else's Account at any time.

You agree to promptly notify us at support@labtestanalyzer.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

Access Rights

We hereby grant to you a limited, non-exclusive, nontransferable access right to access the Website and Services solely for your personal non-commercial use only as permitted under these Terms of Service ("Access Rights").

  • Interfere in any manner with the operation of the Website and Services, or the hardware and network used to operate the Website and Services;
  • Distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under this Agreement or otherwise use the Website or Services for the benefit of a third party or to operate a service bureau;
  • Modify, copy or make derivative works based on any part of the Website and Sevices, or any underlying software, technology or other information, including any printed materials of the same;
  • Create Internet "links" to or from the Website, or "frame" or "mirror" any of Lab Test Analyzer content which forms part of the Website;
  • Otherwise use the Website and/or Services in any manner that exceeds the scope of use granted above.

Any use of third party software provided in connection with the Website will be governed by such third parties' licenses and not by these Terms of Service. You agree to be responsible for any act or omission of any users that access the Website under your Account or using your Password that, if undertaken by you, would be a violation of these Terms of Service, and that such act or omission shall be deemed a violation of these Terms of Service by you. We reserve the right, in our sole discretion, to deny use of the Website to anyone for any reason.

Your Responsibilities and Acceptable Use of The Website

  • violate any local, state, national or international law;
  • stalk, harass or harm another individual;
  • collect or store personal data about other users;
  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • interfere with or disrupt the Website and Services or servers or networks connected to the Website and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
  • allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM);
  • use any high volume, automated, or electronic means to access the Website and Services (including without limitation robots, spiders or scripts);
  • frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
  • use the Website in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
  • infringe someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
  • use the Website for unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, letters relating to a pyramid scheme or any other unsolicited commercial or non-commercial communication;
  • interfere with others using the Website and Services;
  • use the Website in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
  • disrupt, interfere or inhibit any other user from enjoying the Website and Services or other affiliated or linked websites, material, contents, products and/or services;
  • use any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website and Services;
  • create a false identity for the purpose of misleading others;
  • prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
  • attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the Website;
  • reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Website and Services or access to the Website and Services;
  • systematically collect or use any content from the Website and Services, including through the use of any data mining, or similar data gathering and extraction methods.

Modifications to Terms of Service

We may change these Terms of service from time to time. If you object to any such changes, your sole recourse will be to cease using the Website and Services. Continued use of the Website and Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Service, inclusive of such changes. Such notice may be comprised of an email to your registered email address or a notice posted at the Website.

Discontinuation of or Modification to the Website and Services

We reserve the right to modify or discontinue the Website and Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website and Services. If you object to any such changes, your sole recourse will be to cease using the Website and Services. Continued use of the Website and Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Website and Services as so modified.

Privacy

As part of the login and registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy incorporated by this reference into these Terms of Service. If you use the Website and Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Website and Services. The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Website is invulnerable to all security breaches, and that Lab Test Analyzer makes no warranty, guarantee, or representation that use of any of our Website is protected from viruses, security threats or other vulnerabilities.

Purchases

Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website.

Refund Policy. If you decide you no longer want a subscription to Lab Test Analyzer, please contact us immediately. You may request a refund within 7 days of purchase. You can request a refund at support@labtestanalyzer.com. After this time period, your purchase can no longer be refunded. However, you may close your Account as described below (under Termination).

Gift and Offer Codes. From time to time, Lab Test Analyzer may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offers codes are redeemable towards a purchase on www.labtestanalyzer.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by Helix at its sole discretion. Only valid offer codes provided or promoted by Lab Test Analyzer will be honored at checkout. Codes that are supplied or promoted by third parties without our authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Lab Test Analyzer is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.

Spokespersons. From time to time, Lab Test Analyzer may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. When you receive an offer code from a third party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Lab Test Analyzer for their statements or representations.

Communications

You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Lab Test Analyzer Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Website or through other Services.

You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.

CAN-SPAM Act. In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Lab Test Analyzer follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time. If your attempts to unsubscribe from our communication have been unsuccessful, please email support@labtestanalyzer.com.

Accuracy of Information

Lab Test Analyzer does not warrant that any information, pictures or graphic depictions, descriptions or other content of the Website are accurate, complete, reliable, updated, current, or error-free. You agree to notify Lab Test Analyzer immediately if you become aware of any errors or inconsistencies in the information or content provided through the Website and comply with any corrective action taken by Lab Test Analyzer.

Third Party Content and Monitoring

Parties other than Lab Test Analyzer may offer and provide products and services on or through the Website. Except for Lab Test Analyzer branded information, products or services that are identified as being offered by Lab Test Analyzer, Lab Test Analyzer does not operate, control, or endorse any information, products, or services on the Website or accessible through the Website in any way. Lab Test Analyzer is not responsible for examining or evaluating, and Lab Test Analyzer does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Lab Test Analyzer does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Links and Third Party Content

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Access to any other websites linked to the Website and Services is at your own risk. When leaving the Website, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

Ownership and Intellectual Property Rights

  • copyrighted by Lab Test Analyzer and/or its licensors under United States and international copyright laws
  • subject to other intellectual property and proprietary rights and laws
  • owned by Lab Test Analyzer or its licensors
  • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  • A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
  • A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit this information electronically to support@labtestanalyzer.com. Lab Test Analyzer will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.

Account Closure/Termination

You may discontinue the use of the Services at any time. You also have the right to close your Lab Test Analyzer Account at any time, for any reason by sending an email to support@labtestanalyzer.com. If you close your account, your information will no longer be accessible through the Website or Services. We cannot restore access to your Lab Test Analyzer Account after it has been closed.

If you violate these Terms of Service, Lab Test Analyzer has the right to terminate your access to all or part of the Website and Services. You understand that termination of your agreement with Lab Test Analyzer pursuant to these Terms of Service and your Account will not entitle you to any refund and may involve deletion of your information from our live databases as well as any content that you uploaded to the Website using such Account.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LAB TEST ANALYZER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. LAB TEST ANALYZER MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LAB TEST ANALYZER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. You understand that we cannot and do not guarantee or warrant that content available for downloading from the Website or any links provided on the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Website for any reconstruction of any lost data. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAB TEST ANALYZER OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LAB TEST ANALYZER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES. THE AGGREGATE LIABILITY OF LAB TEST ANALYZER TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO WEBSITE AND SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend and hold harmless Lab Test Analyzer, its parents, subsidiaries, affiliates, licensors, co-branders, suppliers and other contract relationship, and the officers, directors, employees, consultants, and agents of each, and other Registered Users and Visitors, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) User Content and any information you submit, post or transmit through the Website, (2) your use of the Website and Services, (3) your violation of these Terms of Service, (4) your violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Website and Services.

Trademarks

Lab Test Analyzer name and logo are trademarks of Lab Test Analyzer. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

  • Proper use of the Lab Test Analyzer® name and trademarks is important. You may use the Blood Test Analyzer® trademark to accurately describe or refer to Lab Test Analyzer Websites and Services, provided you follow these Guidelines. For example, you may use the registered mark Lab Test Analyzer® to discuss and review this website or other works created by Lab Test Analyzer or Lab Test Analyzer. The font size of the phrases using the Lab Test Analyzer® registered marks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business.
  • You may use the Lab Test Analyzer® registered marks and trademarks to direct your visitors to the lab test analyzer homepage or other pages on Lab Test Analyzer.
  • Do not use the Lab Test Analyzer®, Lab Test Analyzer logos or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with SelfHacked, Lab Test Analyzer or authors of Lab Test Analyzer.
  • Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the Lab Test Analyzer® registered marks trademarks.
  • You may not use the Lab Test Analyzer® logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from Lab Test Analyzer.
  • You may not incorporate the Lab Test Analyzer® registered marks or trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Lab Test Analyzer®, Lab Test Analyzer and associated companies.
  • You may not use or incorporate the Lab Test Analyzer® registered marks or trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Lab Test Analyzer and associated companies.
  • You may not manufacture, sell, or give away merchandise items bearing any of the Lab Test Analyzer® registered marks or trademarks without first obtaining a written license from Lab Test Analyzer.
  • You may not use Lab Test Analyzer® registered trademarks as any part of your social media account name, user name, page name, or as a community name.

For federally registered trademarks owned by Lab Test Analyzer, the ® symbol must accompany these trademarks (e.g., Lab Test Analyzer®) and Lab Test Analyzer should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “Lab Test Analyzer® is a registered trademark owned by Lab Test Analyzer”.

Unless otherwise agreed to in writing, Lab Test Analyzer reserves the right to terminate permission to copy, reproduce, or display the Lab Test Analyzer® registered trademarks and to demand that the Lab Test Analyzer® trademarks cease to be used at any time, in its sole discretion.

For any questions regarding the proper usage of the Lab Test Analyzer® registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact support@labtestanalyzer.com.

Geographical Restrictions

Lab Test Analyzer makes no representation that all products, services and/or material described on the Website and Services are appropriate or available for use in locations outside the United States. Registered Users and Visitors access our Website on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with Lab Test Analyzer provide services and operate websites which may be linked to from our Website and Services and which are governed by their own terms of use and not these Terms of Service, and may be subject to laws of other local or international jurisdictions.

Disputes

  • Such dispute will be resolved through binding arbitration rather than in court.
  • This arbitration will be administered by the American Arbitration Association (“AAA”).
  • Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.
  • The arbitration will be conducted in the English language.
  • Any arbitration hearing will be held in Orange County, California.

If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and Lab Test Analyzer both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Lab Test Analyzer agree to exclusively litigate such disputes in the state courts located in Orange County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. Lab Test Analyzer may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Website and Services. Lab Test Analyzer and you are not legal partners or agents of one another.

Waiver and Severability

No waiver of these Terms of Service by Lab Test Analyzer shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Lab Test Analyzer to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Lab Test Analyzer with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

Survival

The terms of Access Rights, Your Responsibilities and Acceptable Use of This Website and Services, and Modifications to Terms of Service, and any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason. Our (and our licensors') proprietary rights (including any and all intellectual property rights) in and to Our Content, Our Technology and the Website and Services will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason.


If you have any feedback, comments, requests for support, or other communications about the Website and Services, please contact Lab Test Analyzer Customer Support at support@labtestanalyzer.com.