These Terms of Use (“Terms”) are a legal contract between you and See Disease, LLC, a North Carolina limited liability company, and any affiliates ("us" or "our" or "we" or “Company”). The Company performs certain SARS-CoV2 (“COVID-19”) testing services (a “Test” or the “Tests”) through a collection kit which provides everything an individual will need to collect a sample (e.g. nasal swap or saliva sample) and send it to us for processing (“Test Kit”). Your use of the websites https://www.seedisease.com/ or https://www.tigertest.com/ and all related subdomains and redirects of that site (collectively, the “Website”) and all of the text, data, information, content, software, graphics, videos, photographs, and other materials (all of which are referred to as “Materials”) that we may make available to you through the Website, are governed by these Terms. In addition, your purchasing of a Test Kit, which is also subject additional terms included in our Conditions of Sale (“Conditions”), use of the Test Kit, acceptance or viewing of the Test result report (“Results”), and use of any other services provided by or on behalf of the Company (with all of the foregoing collectively referred to as, the “Service(s)”) are all subject to these Terms.
Depending on the Service(s) you have selected, additional terms and conditions may apply. We will only perform a Test after we have received a properly completed order form and biological sample meeting our acceptance criteria. Your use of any Test is subject to your agreement to Privacy Policy (“Privacy Policy”).
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE. BY ACCESSING AND USING THE WEBSITE AND, WHERE APPLICABLE, ORDERING A TEST KIT, AND USING THE SERVICES INDICATES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE AND ACCEPT TO BE BOUND THESE TERMS. YOU CANNOT USE THE WEBSITE, ORDERING A TEST KIT OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE WEBSITE OR ANY SERVICES.
The Company reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service or on the Website, except as set forth below. These Terms will identify the date of last update. Your use of the Service and/or the Website following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, we will make reasonable efforts to notify you of the change, such as through a pop-up window on the Website, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service and/or Website with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service or the Website.
We invite you to use the Website for individual and informational purposes ("Permitted Purposes"). In these Terms we are granting you a limited, personal, non-exclusive, and non-transferable license to use the Materials for personal purposes only. Your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Website or the Materials and you may not modify, edit, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any portion of the Website or the Materials in any manner. If you make copies of any portion of the Website or the Materials while engaging in Permitted Purposes, you must keep on the copies all of our copyright and other proprietary notices as they appear on the Website and the Materials. Unfortunately, if you breach any of these Terms the licenses granted in these Terms will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies of the Materials).
You must be at least (i) sixteen (16) years of age to access the Website and (ii) eighteen (18) years of age to order a Test Kit and submit a sample and use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least sixteen (16) years of age; (ii) if you order at Test Kit and provide a biological sample, you are at least eighteen (18) years of age; (iii) your creation of an account and your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) you have reviewed and agree to these Terms and our Privacy Policy.
If you are an individual requesting the Test Kit, the Company recommends that you speak with your physician or other qualified healthcare provider regarding any questions you may have about use of the Test Kit and about the Results (e.g. COVID-19 "Detected", "Not Detected", "Inconclusive", “False Positive” and “False Negative”). You should not make medical decisions without consulting a healthcare provider. The Company does not provide medical services, diagnosis, treatment, or advice.
The sample obtained from the biological sample you provide us and corresponding Results will be fulfilled by one or more laboratory(ies) that we may select, including one that may be an affiliate, to conduct our testing services. Our laboratory partners are CLIA-certified (the Clinical Laboratory Improvement Amendments of 1988) and COLA-accredited (Commission on Office Laboratory Accreditation).
Nothing contained in the Results or made available through the Service(s) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between the Company and you. The information provided by the Test, the Results or other information your receive through the Website or Service is not a substitute for the advice of a personal physician or other qualified healthcare provider who can consider your Results in the context of broader medical management.
In order to obtain the Results you must create an account and activate your Test Kit to associate your sample with your account. During the account creation process, you may be required to provide us with some information about yourself (such as your email address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. In setting up an account you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. We will never request your password. Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages). You agree to accept responsibility for all activities that occur under your account or under your control. Unless you have otherwise provided express consent to another person (e.g. a family member), you will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access your account from a public or shared computer, you should exercise caution to ensure your account information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly change your login information and notify us at support@seedisease.com.
At any time, you may request that we deactivate your account by contacting us at support@seedisease.com. It may take us up to thirty (30) days from the date that we begin processing your request to deactivate your account. If you choose to deactivate your account, you will be unsubscribed from all marketing emails and we will not provide you with any of the Services going forward (including, without limitation, any Results that have not yet been reported, or any updates or changes to your Results). Although the Company can remove your information from its active databases, some or all of your information from deactivated accounts will remain in our inactive database for compliance with legal, regulatory, and other requirements. Please also note that information that has already been de-identified, anonymized, aggregated, published, and/or shared with third parties as set forth in the Privacy Policy prior to an account deactivation request may not be retrievable or traced back for destruction, deletion, or amendment.
We reserve the right, in its sole discretion, to refuse to process your sample, terminate your account, and/or prohibit your access to the Website and/or the Services, at any time, for any reason or no reason, and without notice to you. If we discover that you are using the Services for non-personal or commercial purposes, or that you have provided false information related to a Test, for example, by misrepresenting information you share with it or providing another person’s sample and not correctly identifying the source of the sample, we may refuse to process your sample, terminate your account, and/or prohibit your access to the Website and/or the Services. Any unauthorized use of the Website and/or the Service can lead to your prohibition from the Website and potential civil and/or criminal prosecution.
The Services are hosted and performed in the United States (“US”) and are subject to applicable US laws, rules, and regulations. You understand and agree that the Services and the Website may not be accessible or appropriate for use outside of the US. If you choose to use the Services and/or Website from regions outside of the US, then you do so at your own initiative, and by your use of the Services and/or Website you acknowledge and agree that: (a) you are transferring your personal information outside of those regions to the US for analysis, storage, and processing of the Test Kit and production of the Results or as otherwise required for the Company and its contractors to perform the Services; (b) the laws and regulations of the US shall govern your use of the Services and provision of your information (including, without limitation, the Health Insurance Portability and Accountability Act of 1996, and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, each as amended), which laws and regulations may differ from those of your country of residence; (c) to the extent any local laws apply to your use, you will be responsible for compliance with such laws; and (d) access to the Services may not be legal by certain persons or in certain countries. The Company may refuse to provide the Services on any of the foregoing bases. The Company shall collect, process, use, store, transfer, and disclose your information as set forth in the Privacy Policy which you should carefully review to understand and agree to all the ways that the Company handles your information.
All of your information will be located and hosted on servers located in the US, but you acknowledge and agree that the Company may transfer your data from the US to other countries or regions in connection with the activities and purposes set forth in the Privacy Policy. By providing any information, including personal information, on or to the Services and/or Website, you consent to such use, transfer, storage, and processing. While there is no statutory or contractual requirement for you to provide this information, some of the information is necessary for the Company to be able to provide the requested services. Failure to provide such information will make it impossible for you to use the Services. The Company will retain your personal information for as long as is necessary to carry out the function for which the information is being used, as consented by you when you agreed to these Terms (including creating an account) and/or ordered a Test Kit, and to comply with applicable laws and regulations. You further agree that by ordering a Test Kit and providing your sample, you are not violating any export ban or other legal restriction in the country of your residence.
If you order a Test Kit while in the US and create an account, but live outside of the US (or are a resident of another jurisdiction (e.g. the European Union), then, depending on the jurisdiction where you live, you may have the option of requesting that your personal information be accessed, updated, and/or removed at any time from our active databases, subject to the applicable laws and regulations of such jurisdictions. In such instances may also have the right to object to the Company’s processing of personal information and/or request that we provide their personal information to another third party. Please refer to these Terms to understand how requests to remove or halt processing of personal information are handled, and refer to the Privacy Policy for details on the information that the Company collects, how it uses this information, how information is shared, how the Company protects the information, and your choices regarding the same.
You are required to pay a fee to receive the Services. All fees are in US Dollars, and all payments will be processed by a US bank. If you pay with a credit or debit card, we may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees. We may also engage third parties to assist us with billing and collection efforts. The purchase and sale of the Services shall be deemed to occur in North Carolina, US.
Please return your sample as soon as possible, but in no event later than twelve (12) weeks after you receive your Test Kit. Your failure to timely provide a sample may result in the expiration of the Test Kit or any of its components. In such case, we would require a new sample for processing, and you may incur a replacement kit fee, plus shipping and handling fees.
On rare occasions, we may be unable to process your sample either because of an issue with the sample you submitted or due to an issue at our lab. If this occurs, we will, at our sole discretion, either (a) attempt to process your leftover sample, (if a sufficient amount is available and the sample is appropriate for reprocessing) or (b) send you one additional Test Kit so that you may submit another sample for our lab to process. In either (a) or (b), if we require a sample for processing, you will incur a replacement kit fee, plus shipping and handling fees.
If you require a replacement kit for any other reason, please contact us support@seedisease.com to receive assistance regarding a replacement kit, and to determine whether replacement fees apply given your particular situation.
While the US federal law continues to evolve, Section 6001 of the Families First Act, as amended by the CARES Act, requires private health insurance plans to cover testing needed to detect or diagnose COVID-19, and the administration of that testing, without cost-sharing or medical management requirements. Please contact your insurer to determine options for reimbursement of any Test Kit.
Currently, the Services and all information and content on the Website, including the Materials, are only intended for use by residents of the United States. By using the Services and our Website, you confirm that you are a resident of the United States and that services do not constitute medical advice.
The Website and Materials provide information about our business, affiliates, advisors, and the products and services offered, promoted, or otherwise discussed on the Website and in any Materials, including certain health testing and services, data analysis and information about various health conditions.
You should not use information found on the Website or in the Materials to replace a relationship with your physician or other health care professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified health care provider concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Website or in the Materials.
The information (including, without limitation, advice and recommendations) on the Website and in the Materials are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Use of the information obtained, directly or indirectly, from the Website or in the Materials does not create a doctor-patient relationship. No information contained on the Website or in the Materials is intended to be used for medical diagnosis or treatment. You acknowledge and agree that we have not represented that content provided, directly or indirectly, from the Website or in the Materials has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine.
While we attempt to keep all the information on the Website and Materials up-to-date, medical treatment and knowledge change quickly, and the Website and Materials should not be considered error-free or as a comprehensive source of all information on a particular topic. We make no warranties or representations as to the accuracy of the content of the Website or the Materials, and assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information included on the Website or in the Materials. Your use of the Website or Materials is subject to the additional disclaimers and caveats that may appear throughout these Terms and in the Materials. You assume the entire risk of loss in using the Website and Materials contained.
Features and specifications of products or services described or depicted on the Website or in the Materials are subject to change at any time without notice.
Certain of the information about health conditions on the Website or in the Materials is provided by third parties. Such third party information has not reviewed and we do not endorse any information, products, or services other than those clearly designated as endorsed by us.
By using the Website or the Materials, you are communicating with us electronically and consent to receiving electronic notifications from us about matters concerning your use of the Website. These electronic communications may include notices about applicable fees and charges, transactional information, and other information related to the Website and our Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal-communication requirements, including the requirement that communications be in writing, and are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
By using the Website or the Materials, you are communicating with us electronically and consent to receiving SMS notifications from us about matters concerning your use of the Website. These electronic communications may include notices about applicable fees and charges, transactional information, and other information related to the Website and our Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal-communication requirements, including the requirement that communications be in writing, and are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
We respect the information that you provide to us. Please review our Privacy Policy, available at https://www.seedisease.com/privacy-1, which explains how we collect and use such information.
We occasionally provide links on the Website to third-party websites (“Third-Party Sites”). If you use these links, you will leave the Website. We are not obligated to review any Third-Party Sites, we do not control any of the Third-Party Sites, and we are not responsible for any of the Third-Party Sites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such Third-Party Sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the Third- Party Sites to which we have provided links from our Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those Third-Party Sites.
We authorize your use of the Website only for Permitted Purposes. Any other use of the Website beyond the Permitted Purposes is prohibited and constitutes unauthorized use of the Website. This is because, as between you and us, all rights in the Website remain our property.
Unauthorized use of the Website may result in violation of various United States and international copyright laws. Because we value this relationship, we want to give you examples of things to avoid. So unless you have written permission from us stating otherwise, you are not authorized to use the Website or any part of the Website in any of the following ways:
This list provides examples of prohibited activities. It is not a complete list of everything that you are prohibited from doing.
You acknowledge that a violation of these Terms results in a problem for us and to hire attorneys to defend us if you violate these Terms. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case you agree to cooperate with our defense in the matter.
The Website and Service is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), Test Kit, and all other elements of the Service (“Proprietary Materials”) provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws. Test Kits may not be resold, distributed, transferred, or used for any purpose other than for the performance of the Test(s), without the express prior written permission of the Company. The Company reserves the right to reject and/or deny Tests on any samples submitted using Test Kits that are in breach of these Terms. All Proprietary Materials contained in the Service are the property of the Company or its third-party licensors. Except as expressly authorized by the Company, you may not make use of the Proprietary Materials, and reverse engineering of the Proprietary Materials is strictly prohibited. The Company reserves all rights to the Proprietary Materials not granted expressly in these Terms.
The Company grants you a limited non-exclusive right and license to access and use the Website for personal, non-commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Website or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Website, including its operation, interface, and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of the Company. This includes, without limitation, a prohibition against (a) publishing any logo or other proprietary graphic or trademark belonging to the Company or any of its affiliates, or other partners without our written consent, and (b) using any of the Company’s content including from its Website or Result reports (or any portions thereof) for non-personal or commercial use without our written consent.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively “Feedback”), suggesting or recommending changes to the Website, any Materials, or the Service including new features or functionality relating to the foregoing, all such Feedback is and will be treated as non-confidential and non- proprietary. You assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using the Feedback. Where the above assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel our use, display, reproduction, or distribution.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing third party content that violates intellectual property rights of others, suspending access to this Website (or any portion thereof) and/or to use of the Service to any user who uses the Website, any Materials or the Service in violation of any party’s intellectual property rights, and/or terminating, in appropriate circumstances, the account of any user who uses this Website, any Materials or the Service in violation of any party’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our agent for notice of claims of infringement:
Attn: DMCA Agent
Email: support@seedisease.com
To be sure that the matter is handled immediately, your written notice must:
Unless the notice relates to copyright or other intellectual property infringement, our agent will be unable to address the listed concern.
Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if the removal is in response to a validly received take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, and telephone number and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of that person.
Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate access of any user of the Website who is the subject of repeated take-down or other infringement notices.
THIS WEBSITE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, TEST KITS, ALL RESULTS AND THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY AFFILIATES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE SERVICE, THE TEST KITS, TESTING, AND RESULTS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY RESULTS, SERVICES, TEST KITS, OPINIONS, OR MATERIALS AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SERVICES BEFORE RELYING ON IT. USE OF THE TEST KITS AND SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, TEST KITS, RESULTS, OR SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, THE COMPANY DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE WEBSITE AND/OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE AND/OR THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE COMPANY OR ITS ENTITIES OR THE WEBSITE OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR SERVICE. BY USING WEBSITE AND/OR THE SERVICES, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, OR CHANGE ANY OF YOUR MEDICATIONS OR DOSAGES, WITHOUT CONSULTING WITH A PHYSICIAN.
THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE SERVICE, AND YOU ACKNOWLEDGE THAT THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OR WITHIN THE COMPANY’S CONTROL.
THE INFORMATION PROVIDED THROUGH THE WEBSITE, THE SERVICES, THE TEST KITS AND RESULTS ARE FOR GENERAL GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE WEBSITE NOR THE SERVICES, USE OF THE TEST KIDS, OR THE RESULTS CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY RESULTS INFORMATION OR STATUS OF YOUR HEALTH.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY MATERIALS OR CONTENT ON THE WEBSITE, ORDERING AND USING A TEST KIT, THE RESULTS, OR ANY INFORMATION, INCLUDING THE RESULTS, OBTAINED IN CONNECTION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE WEBSITE AND/OR SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE AND/OR SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE SERVICE, INCLUDING THE COST OF A TEST KIT, IF ANY, GIVING RISE TO LIABILITY, OR (B) IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PURCHASED A TEST KIT AND USE SERVICES, WHERE APPLICABLE, WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE CONDITIONS. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
BY PURCHASING OR USING ANY TEST KITS OR SERVICES ASSOCIATED WITH SUCH PURCHASE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ”Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
You acknowledge and agree that you will be responsible for your use of the Website, any Materials and the Service, and you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “Company Affiliates“ or “its Affiliates”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Website, Materials, Service, and Results; or (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with the Company’ defense of such claim.
Except as expressly prohibited by applicable law, with respect to any claim or cause of action you may have arising out of or relating to these Terms, the Website, our Materials, Tests, Test Kits, the Conditions or Services must be commenced no later than one (1) year after the cause of action initially occurred (e.g. not when it is discovered), otherwise such claim or cause of action is permanently barred.
We control and operate this Website from our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.
The Website is operated by us from our offices in North Carolina, US. We make no representation that the information included on the Website is appropriate or available for use in locations outside the US, and access to such information may be illegal or otherwise prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. It is a violation of these Terms for you to use the Website, Materials, our Tests or Services, in violation of any applicable laws and regulations or in violation of the rules of any of our service providers including any affiliates who provide services. By using the Website, reviewing our Materials, the Conditions associated with ordering Test Kits, using Tests or any other Services, regardless of where you live or are located in the world, you consent to these Terms, and any claims relating thereto will be governed by the laws of the State of North Carolina, excluding the application of its conflicts of law rules. You agree that any controversy or claim arising out of or relating to these Conditions, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and take place in Wake County, North Carolina. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to arbitrate solely on an individual basis, and that unless otherwise expressly provided for, there are no conditions that permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. Notwithstanding the foregoing, either party may (i) bring claims in a North Carolina state or federal court related to their intellectual property rights and/or (ii) seek equitable or injunctive relief without having to post a bond or other security and without having to prove the inadequacy of other available remedies.
These Terms shall continue to have full force and effect unless and until terminated by the Company. The Company may terminate, suspend, or restrict any provision of these Terms and the Service and/or Website at any time in its sole discretion and without notice to you.
Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party.
The Company is committed to protecting your privacy. Details about our policies and procedures governing privacy can be found at https://www.seedisease.com/policies . You may also request copies of these policies by e-mailing support@seedisease.com.
While we endeavor to ensure the Website is accessible at all times, we accept no responsibility for the Website being inaccessible or unavailable at any time including, without limitation, access to any account. We aim to ensure that the Website is accurate at the time of publication, however, the Website or its features may change without notice and we may withdraw or amend the Website (or any part of it) or add or remove any features without notice.
We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Term or your rights under these Terms without our prior written consent, which may be withheld for any reason, and any assignment in violation of this prohibition will be null and void.
Any disclaimers with respect to the Company not providing any medical advice, your obligations with respect to indemnification, and the sections titled Disclaimer of Warranties and Limitation of Liability will survive any termination of these Terms.
These Terms (including any additional terms that we may provide when you engage with a feature of the Website), are the only agreement between you and us regarding the Website and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Website.
Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof. If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: PO Box 1499 Wake Forest NC 27588 or support@seedisease.com.
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