CANCER CHECK LABS LLC OVERVIEW:
Seller: Cancer Check Labs LLC
Purchaser: You. By purchasing our test, you agree that you are the authorized buyer of Cancer Check Labs Cancer Check Test.
Services Description: Cancer Check Labs Cancer Check Test, which includes an initial blood draw and analysis, which will return a positive or negative result that will be communicated to the Purchaser. If a positive result is determined, then a subsequent blood draw and analysis may be performed upon the Purchaser’s agreement. Provision of the Services is contingent upon Purchaser’s satisfaction of required inclusion/exclusion criteria. Failure to satisfy the required inclusion/exclusion criteria prohibits the provision of the Services.
Price: $1,295.00USD per screening with the Cancer Check Labs Cancer Check Test subject to the Terms of Sale.
Payment Terms: The total purchase price of the Services is due upon the submission of the order or purchase pursuant to the Terms of Sale. Terms: This Order and the purchase and sale of the Service shall be subject to the Terms of Sale set forth herein.
TERMS OF SALE
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SALE (“TERMS”) BEFORE PURCHASING SERVICES (EACH AS DEFINED BELOW) OFFERED BY CANCER CHECK LABS LLC (“US”, “WE”, “OUR”, OR “COMPANY”). THESE TERMS, TOGETHER WITH OUR TERMS OF USE, WHERE APPLICABLE, SET THE LEGALLY BINDING TERMS THAT GOVERN YOUR PURCHASE AND USE OF THE SERVICES, WHICH INCLUDE BUT ARE NOT LIMITED TO THE CANCER CHECK LABS SERVICES PROVIDED FOR THE USE OF THE CANCER CHECK TEST (COLLECTIVELY, “SERVICES”). THESE TERMS COVER IMPORTANT INFORMATION ABOUT YOUR PURCHASE FROM WWW.CANCERCHECKLABS.COM (“WEBSITE”).YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS AND ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THESE TERMS AND TO PURCHASE AND USE THE SERVICES. “YOU,” “YOUR,” AND “PURCHASER” REFER TO THE PERSON PURCHASING A SERVICE OR IF YOU PURCHASE A SERVICE ON BEHALF OF ANY OTHER PERSON, INDIVIDUAL, FAMILY MEMBER OR OTHER THIRD-PARTY (“THIRD-PARTY”) THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDE YOU AND THAT THIRD-PARTY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE THIRD-PARTY WITH THE AUTHORITY TO BIND THE THIRD-PARTY TO THESE TERMS, AND (III) YOU AGREE TO THESE TERMS ON THE THIRD-PARTY’S BEHALF.
THIS IS A BINDING LEGAL AGREEMENT. BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO PURCHASE THE SERVICES. IN THESE TERMS, ANY WORDS FOLLOWING THE TERM “INCLUDING” OR ANY SIMILAR EXPRESSION SHALL BE CONSTRUED AS ILLUSTRATIVE AND SHALL NOT LIMIT THE SENSE OF THE WORDS, DESCRIPTION, DEFINITION, PHRASE, OR TERM PRECEDING THOSE TERMS. ADDITIONALLY, YOUR USE OF THE WEBSITE IS SUBJECT TO THE COMPANY’S TERMS OF USE OF THE WEBSITE, PRIVACY POLICY, AND THE ADDITIONAL DISCLAIMERS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
The Company reserves the right to change these Terms at any time, so please review the Terms each time prior to making a purchase. Every time You order the Service, the Terms in force at that time will apply between You and Company. If You have any questions regarding these Terms, You can contact Company at www.cancerchecklabs.com.
1. INTRODUCTION. Although the Company Website is accessible worldwide, the Service(s) offered on the Company Website are not designed and tested for use in all countries. If You choose to access the Company Website and/or purchase the Services, You agree to all the Terms and Conditions for such use, use the Company Website on Your own initiative, and You are solely responsible for complying with applicable laws in Your country. You understand and accept that the Company Website, the Services, and any related services are not designed for use in all countries and some or all of the features of the Company Website, Services, and any related services may not work or be appropriate for use in all countries.
2. AVAILABILITY. All Services offered on the Company Website are subject to availability. We reserve the right to reject any and/or all services and Services to You, and to discontinue offering certain Services without prior notice for any reason, including Your failure to satisfy inclusion/exclusion criteria for the Services. To the extent permitted under applicable laws, we make no representations, warranties, or conditions as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions, or images (including, without limitation, any features and specifications) for any Services. Such information and the availability of any Service are subject to change at any time without notice. It is Your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Service.
3. SERVICES. Provision of the Services by Company is contingent upon Your satisfaction of required inclusion/exclusion criteria verified upon Purchase and the time of scheduling the first blood draw. The Services include the scheduling of a blood draw and analysis with the Cancer Check Test, which will return a positive or negative result that will be communicated to You by the Company’s authorized representative. If a positive result is determined, then the Services may include an additional blood draw, and analysis may be performed upon Your agreement. The performance of an additional blood draw is also contingent upon Your satisfaction of the required inclusion/exclusion criteria.
4. NO MEDICAL ADVICE. BY PURCHASING THE SERVICES, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS NOT INTENDED FOR ANY DIAGNOSTIC PURPOSE AND SUCH USE IS ONLY UPON THE ORDER OF A LICENSED HEALTHCARE PROVIDER. ANY INFORMATION DERIVED FROM YOUR USE OF THE SERVICES OR RESULTS SHOULD BE REVIEWED BY WITH A LICENSED HEALTHCARE PROVIDER. USE OF THE SERVICES ALONE IS NOT INTENDED AS MEDICAL ADVICE, NOR SHOULD BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. USE OF THE SERVICES IS ALSO NOT INTENDED AS A SUBSTITUTE FOR ADVICE AND SERVICES FROM A LICENSED HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING THE USE OF THE SERVICES, ANY MEDICAL CONDITION, AND BEFORE STARTING ANY MEDICAL TREATMENT
5. AUTHORIZATION; HEALTH SAMPLES AND INFORMATION. By purchasing the Services, You expressly agree, consent, and authorize the Company to collect, use and retain Your biological samples, cells, and tissues, including without limitation any atypical circulating tumor cells (“Biological Samples”), as well as Your related protected health information (“Personal Information”) pursuant to these Terms as well as HIPAA, to the extent applicable. This expressly includes, without limitation, an exclusive, unlimited, and royalty-free license, and grant of ownership rights from You to the Company for Your Biological Samples. The Company is expressly permitted to collect, retain and store Your Biological Samples, and to use Your Biological Samples for medical and/or diagnostic testing, treatment and monitoring, medical, clinical and/or laboratory research and development, medical education and training, advertising and marketing, publications, literature and/or presentations, and for other commercial purposes (the “Purposes”).
6. PRICING. Prices are stated in the applicable currency based on Your selected location. Your total price for Services will include the price of the Services in Your order plus any applicable sales tax and other charges, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for Services You have already placed prior to the change in price. In the event that a Service is listed at an incorrect price on the Website due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit or debit card charged. If Your credit or debit card has already been charged for the purchase and Your order is canceled, we will promptly issue a credit to Your credit or debit card account in the amount of the incorrect price paid.
7. PAYMENT. Any payment terms presented to You in the process of purchasing Your Services or on the Website are deemed part of these Terms and are incorporated herein by reference. For all orders, Company calculates and charges sales tax in accordance with applicable laws. By providing a credit card or other payment method accepted by Company, You represent and warrant that You are authorized to use the designated payment method and that You authorize us (or our Payment Processor (as defined below)) to charge Your payment method for the total amount of Your order (including any applicable taxes and other charges). If the payment method You provide cannot be verified, is invalid or is otherwise not acceptable, Your order may be suspended or cancelled. You must resolve any payment problem we encounter in order to proceed with Your order.
8. BILLING. We may collect payments for the Services from You directly or we may use a third-party payment processor (“Payment Processor”) to bill You through a payment account selected by You at checkout or linked to Your Account. The processing of payments by a Payment Processor will be subject to the terms, conditions, and privacy policies of such Payment Processor in addition to these Terms. We are not responsible for any errors by a Payment Processor. By choosing to purchase the Service, You agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and You authorize us, through a Payment Processor, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payment using Your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.
9. PAYMENT METHOD. The terms of Your payment will be based on Your payment method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If we, through a Payment Processor, do not receive payment from You, You agree to pay all amounts due for Your order and/or on Your Account upon demand.
10. PROMO CODES. By using a promo code obtained from an affiliate or ambassador that reduces the purchase price, You agree to not (1) use funds in your Flexible Spending Account or Health Savings Account to purchase the test or (2) submit a claim to Medicare, Medicaid, Tricare, HRSA, or any federal, state, local or private healthcare benefit program
for reimbursement for the cost of the test.
11. RETURNS/REFUNDS. No Refunds will be provided for the purchase of any Services except for the following: (1) any cancellation of the Purchase prior to the date of the blood draw by You or a Third-Party; or (2) any failure of You or a Third-Party to satisfy the required inclusion criteria for the Services.
12. RISK OF USE. You use any and all Services at Your and/or the Third-Party’s own discretion and risk, upon the advice of Your and/or the Third-Party’s licensed healthcare provider, or upon Your and/or a Third-Party’s satisfaction of the required inclusion/exclusion criteria. You and/or the Third-Party will be solely responsible for (and Company hereby disclaims) any and all risk of loss resulting from use of the Services.
13. WARRANTIES, DISCLAIMERS AND RELEASE. EXCEPT FOR THE LIMITED WARRANTIES LISTED BELOW, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE COMPANY, WEBSITE, AND ALL SERVICES, SERVICES, AND CONTENT AVAILABLE ON THE WEBSITE OR SOLD BY THE COMPANY OR ITS AUTHORIZED EMPLOYEES, AGENTS, AND REPRESENTATIVES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. THE COMPANY HEREBY UNEQUIVOCALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU HEREBY RELEASE, DISCHARGE, WAIVE AND RELINQUISH ALL CLAIMS AGAINST COMPANY, ITS OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, VOLUNTEERS, INSURERS, AGENTS, AND REPRESENTATIVES (“RELEASEES”) FROM ANY AND ALL CLAIMS AND LIABILITIES THAT ARISE OUT OF, OR RELATE TO, YOUR USE OF THE SERVICES OR THE USE OF ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO, CLAIMS FOR BODILY INJURY, PERSONAL INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE OR WRONGFUL DEATH, UNLESS CAUSED BY COMPANY’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. IT IS THE INTENT OF THIS AGREEMENT TO RELIEVE THE RELEASEES FROM NEGLIGENCE TO THE GREATEST EXTENT PERMITTED BY LAW.
14. LIMITATION OF LIABILITY IT IS UNDERSTOOD THAT THERE ARE RISKS INHERENT IN YOUR PURCHASE OF THE SERVICES. IN NO EVENT SHALL COMPANY OR ITS RELEASEES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT PAID FOR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT WILL COMPANY BE HELD LIABLE TO ANY PURCHASER OR CUSTOMER OTHER THAN THE ORIGINAL PURCHASER OF THE SERVICES, AND COMPANY EXPRESSLY DISCLAIMS ANY OBLIGATIONS OR ANY LIABILITY ASSERTED BY OR ALLEGED BY ANY SUCH PARTY, AND ANY SUCH ALLEGATION SHALL BE DEEMED NULL AND VOID REGARDLESS OF HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ADDITIONALLY, NO CLAIMS, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED OR THE DATE ON WHICH THE SERVICES OR SERVICES WERE PROVIDED, WHICHEVER IS EARLIER.
15. DATA PROTECTION. By placing an order for Services, You agree and understand that Company may store, share, process and use data collected from Your order form or phone/fax/email order for the purposes of processing the order. Company will process Your information in accordance with our Privacy Policy and HIPAA, to the extent applicable. Company works with other companies that help Company provide Services to You, such as freight carriers and credit card processing companies, and You direct Company to share certain information with these companies for this purpose.
16. ELECTRONIC COMMUNICATIONS. You are communicating with Company electronically when You use the Company Website, use our mobile application, or send an email to Company. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. When You order through the Website, we collect and store Your email address. From that point forward, Your email address is used to send You information about our products and Services unless You opt-out of such emails.
17. NOTIFICATIONS. Company may provide notifications to You as required by law or for marketing or other purposes via (at its option) email to the primary email associated with Your Account, hard copy, or posting of such notice on the Company Website. Company is not responsible for any automatic filtering You or Your network provider may apply to email notifications. Company recommends that You add the Company URLs to Your email address book to help ensure You receive email notifications from Company. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.
18. FORCE MAJEURE. We will not be liable or responsible for any failure to perform, or delay in performance of, any of the Services or any of our obligations that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19. INTELLECTUAL PROPERTY. All right, title, and interest in and to the Services are expressly retained and shall exclusively reside and remain with Company to the fullest extent of the law. Further, all information and materials concerning the Services from the Company or on the Website are the exclusive property of the Company or its suppliers. All rights not expressly granted are reserved. Finally, the Company reserves the right seek injunctive or other equitable relief to protect its confidential information and intellectual property rights in any court of competent jurisdiction.
20. ASSIGNMENT. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by You, but may be assigned by us without restriction, provided such assignment does not affect Your rights under these Terms. These Terms will inure to the benefit of our successors and permitted assigns. Further, any attempted assignment or transfer by You shall be deemed null and void. Company retains the right to assign and/or transfer its rights and obligations under these Terms to any qualified third-party without notice to You.
21. SEVERABILITY. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
22. NON-WAIVER. Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
23. SURVIVABILITY. The obligations in Sections 10 through 22 will survive any expiration or termination of these Terms.
24. GOVERNING LAW AND JURISDICTION. These Terms are governed by the internal substantive laws of the State of Texas without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Dallas, Texas.
25. ADDITIONAL TERMS Additional terms may apply to certain Services. In the event there is a conflict between these Terms and any additional terms, the additional terms will control. This Agreement, including these Terms, shall constitute the entire agreement between the You (including any Third-Party) and Company, and hereby supersedes and replaces any previous agreement with regard to these matters.
