Good To Go Testing™ Terms & Conditions
These Terms and Conditions are effective as of
___________, 2021. The GoodtoGoTesting.com™ Web
Site (“Web Site”) is comprised of various web pages
including, but not limited to, www.GoodtoGoTesting.com
and www.good2gotesting.com and other related
applications, websites, blogs, domains, and mobile sites
operated by Good To Go Testing™ and ERI Global, Inc.
and their subsidiaries (collectively, “Good To Go
Testing™,” “we,” or “our”), who maintains this Web Site as
a service to those users who are interested in Good To Go
Testing Products and Services (as defined below). The
Web Site is intended to be informative, and access to this
Web Site is governed by the Terms and Conditions set
forth herein and all applicable laws.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
If you are entering into these Terms and Conditions on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and Conditions, in which case the terms “you,” “your” or related terms herein shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms and Conditions, you must not accept these Terms and Conditions and may not use the Web Site, Products, or Services.
You acknowledge that these Terms and Conditions constitute a contract between you and Good To Go Testing™, even though it is electronic and is not physically signed by you and Good To Go Testing™. You further acknowledge that these Terms and Conditions govern your use of the Products and Services and, except for written agreements or addendums signed by the parties that specifically modify or that conflict with these Terms and Conditions, these Terms and Conditions supersede any other agreements between you and Good To Go Testing™.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE
1. Products, Content and Specifications. Good To Go Testing™ offers a technology platform through which individuals can search, choose, order, and pay for laboratory testing kits and laboratory testing services from laboratories on the Web Site (collectively, the “Products and Services”). The Web Site includes
(a) the Products and Services,
(b) the Good To Go Testing™ software, and
(c) the other goods or services provided to you through the Web Site, including all software, data, text, images, sounds, videos, and other content made available through the Web Site (collectively, “Content”), which include, but are not limited to goods or services related to the foregoing. Any new features added to or augmenting the Web Site are also subject to these Terms and Conditions. All features, content, specifications, prices, Pand products and Services described or depicted on this Web Site, are subject to change at any time without notice. The inclusion of any Pproducts or Sservices on this Web Site at a particular time does not imply or warrant that these Pproducts or Sservices will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item Product or Service purchased from this Web Site. By placing an order, you represent that the Pproducts and/or Services ordered will be used only in a lawful manner.
The Web Site may reference third party products, services, equipment or software, but we are in no way affiliated with such third parties and neither our Products, Services, nor the Web Site are endorsed or approved by such third parties. Further, we do not endorse or recommend, are not responsible for, and make no representations as to such third party products, services, equipment or software. Good To Go Testing™ is not liable for any damage or loss caused or alleged to be caused by or in connection with any such third party products, services, equipment or software. By using the Web Site, you acknowledge and agree to the following:
(a) Good To Go Testing™ is not a licensed laboratory or medical provider and does not provide laboratory or any other Medical Services. Good To Go Testing™ does not make any representation or warranty, and shall bear no liability, with respect to any laboratory or other Medical Services that you may purchase through the Web Site;
(b) If you are a U.S. citizen purchasing laboratory services from a laboratory located in the U.S., by using the Web Site, you hereby verify that:
(a) you are not a Medicare, Medicaid, Tricare, or other federal healthcare program beneficiary and
(b) that you do not have U.S.commercial insurance or, if you have commercial insurance, by using the Web Site you direct the laboratory or medical provider to bill you and not the commercial insurance provider for the services rendered by the laboratory or medical provider. If you are determined to be a Medicare, Medicaid, Tricare, or other federal healthcare program beneficiary by the laboratory or medical provider, you will be offered a refund of your payment made for such service on the Web Site;
(c) Good To Go Testing™ serves as a billing agent and conduit to pass through payments you make for laboratory services directly to the laboratory that you choose to receive laboratory services from. Good To Go Testing™ does not retain any portion of any fee you pay that is allocable toward laboratory services or any medical services;
(d) The Products and Services offered by Good To Go Testing™ and information on the Web Site do not consist of statements of fact or recommendations to utilize or receive any medical care, advice, treatments, products, services, items, devices, equipment, or software (collectively, “Medical Services”);
(e) You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Medical Services. You agree that Good To Go Testing™, the Web Site and the Products and Services offered by Good To Go Testing™ do not make clinical or other decisions and do not diagnose or treat medical conditions. You are responsible for verifying the accuracy of all information input into the Web Site;
(f) The Web Site provides general information for educational purposes only and is not a substitute for health or medical care from a qualified healthcare professional. The Web Site and the Products and Services offered by Good To Go Testing™ do not constitute the practice of Medical Services. Good To Go Testing™ does not offer any advice regarding the quality or suitability of any particular Medical Service, equipment provider or healthcare provider with respect to medical services or otherwise. The information and materials provided on this Web Site are intended solely for your information and not any other person. Such information should not be considered or construed as, and is not a substitute for, Medical Services and is not intended to replace consultation with a qualified healthcare provider. The Content supplied by healthcare professionals on the Web Site are created by such healthcare professionals and do not represent the views of Good To Go Testing™. If you have any questions about the Content on the Web Site, you agree to contact your healthcare professional;
(g) You assume all responsibility in connection with the performance of Medical Services and choosing healthcare providers, whether or not you obtained information about such through the Web Site. You further acknowledge and agree that Good To Go Testing™ does not recommend, endorse or make any representations or warranties regarding healthcare providers or Medical Services and has no responsibility, liability or obligation of any kind for the accuracy, completeness or other aspects of the information or Medical Services provided by such healthcare providers, whether on the Web Site or otherwise; and
(h) The Web Site does not provide you with a reliable means to communicate with any healthcare provider. If you wish to contact your healthcare provider, you must use methods of communication outside of the Web Site.
You may receive any laboratory results through this Web Site from the laboratory that you receive laboratory services from. However, you must communicate directly with the laboratory that you receive laboratory services from with respect to the receipt of any results or any inquiries regarding such services. You acknowledge that there may be interruptions in Web Site service or events that are beyond our control. While we use reasonable efforts to keep the Web Site accessible, the Web Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Web Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, that may affect your use of the Web Site (defined below) and that are beyond our control to prevent or correct. Interruptions in the Web Site that are beyond our control shall not serve as a basis for a refund of any fees or as a basis to not comply with your contractual obligations
2. Legal Information Disclaimer. Any legal or financial related information provided on the Web Site is provided for educational purposes only and is not intended to constitute legal or financial advice or replace discussions with a lawyer or financial professional.
3. Fees/Payment/Shipping Limitations. All payments through the Web Site are processed using a third-party processor. You acknowledge that Good To Go Testing™ and its affiliates are not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All prices on this site are based in U.S. dollars and are subject to the current currency exchange rate for shipping addresses outside of the United States. Shipments to addresses outside of the United States may also be subject to local duty fees and taxes. All purchases from this Web Site are made pursuant to a shipment contract (if applicable). As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
GOOD TO GO TESTING™ CHARGES YOU AN ADMINISTRATIVE, SERVICE, OR TRANSACTION FEE EQUAL TO:
EIGHTY AND 00/100 DOLLARS ($80.00)
FOR EACH PURCHASE OF LABORATORY SERVICES OR MEDICAL SERVICES YOU MAKE ON THE WEB SITE. SUCH FEE IS PAYABLE BY YOU FOR THE ADMINISTRATIVE SERVICES RENDERED TO YOU BY GOOD TO GO TESTING™ ASSOCIATED WITH THE WEB SITE.
Fees payable to laboratories on the Web Site are variable as they are determined by each individual laboratory. Good To Go Testing™ serves as a billing agent and conduit to pass through payments you make for laboratory services directly to the laboratory that you choose to receive laboratory services from. Good To Go Testing™ does not retain any portion of any fee you pay that is allocable toward laboratory services or any medical services. For example, if the total fee charged on the web site for laboratory services and administrative services is $200, then $80 of that amount will be retained by Good To Go Testing™ as your payment for the administrative services and $120 of that amount will be remitted to the laboratory that you have purchased laboratory services from.
If you are determined to be a Medicare, Medicaid, Tricare, or other federal healthcare program beneficiary by a laboratory or medical provider receiving laboratory services from a laboratory located within the U.S., you will be offered a refund of your payment made for such service on the Web Site.
4. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Web Site. For example, Products or Services included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our or a laboratory of your choosing’s acceptance of an order or our confirmation of an offer to sell a Product or Service. We reserve the right, without prior notice, to limit the order quantity on any Pproduct or Sservice and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. Use of this Web Site. Unless otherwise specified, the Web Site is for your personal and noncommercial use only. To be eligible to use the Web Site, you must meet the following criteria and represent and warrant that you: (1)are 18 years of age or older;
(2) are not currently restricted from the Web Site or otherwise prohibited from having a Good To Go Testing™ account,
(3) are not a competitor of Good To Go Testing™ or are not using the Web Site for reasons that are in competition with Good To Go Testing™;
(4) have full power and authority to enter into these Terms and Conditions and doing so will not violate any other agreement to which you are a arty;
(5) will not violate any rights of Good To Go Testing™, including intellectual property rights such as patent, copyright or trademark rights; and
(6) agree to provide at your cost all equipment, software, and internet access necessary to use the Web Site.
If you wish to access this Web Site or the contents of this Web Site available on or through certain areas of this Web Site, you must choose a password during your completion of this Web Site's registration process. By registering, you represent, warrant and covenant that:
(a) you are using your actual identity;
(b) you have provided only true, accurate, current and complete information about yourself during the registration process; and
(c) you will maintain and promptly update the information that you provide to ensure that it is true, accurate, current and complete. You may update your information at any time. By logging onto this Web Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct under such password. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Web Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify Good To Go Testing™ immediately.
You are responsible for all information, data, text, messages or other materials that you post or is otherwise transmitted via the Web Site. You are responsible for maintaining the confidentiality of your login and account, and you are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person, and that you will not share a single login among multiple people. You agree that you will not sell, trade or otherwise transfer your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Good To Go Testing™, charge anyone for access to any portion of the Web Site, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel and close your account or prove that your account security was compromised due to no fault of your own.
As a condition of your use of the Web Site, you warrant to Good To Go Testing™ that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.
You agree not to
(a) use the Web Site to process data on behalf of any third party,
(b) modify, adapt or hack the Web Site to falsely imply any sponsorship or association with Good To Go Testing™, or otherwise attempt to gain unauthorized access to the Web Site or its related systems or networks;
(c) use the Web Site in any manner that interferes with or disrupts the integrity or performance of the Web Site and its components;
(d) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Web Site;
(e) use the Web Site to knowingly post, upload, link to, send or store any content that contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;
(f) attempt to use any method to gain unauthorized access to any areas of the Web Site;
(g) unless otherwise explicitly agreed to in writing by Good To Go Testing™, use the Web Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(h) use automated scripts to collect information from or otherwise interact with the Web Site or the Web Site;
(i) try to use, or use the Web Site in violation of these Terms and Conditions; or
(j)use the Web Site for any purpose competitive with Good To Go Testing™.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create or convey a license in or under any such Intellectual Property Rights (patent, copyright, trademark, rights of publicity, trade dress, service marks, trade secrets, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof). You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the content on this Web Site. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
6. Copyright/Trademarks/Notices of Infringement. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents of this Web Site are © 2021, Good To Go Testing™ or their respective affiliates and suppliers. All rights reserved.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Good To Go Testing™ and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Good To Go Testing™.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Good To Go Testing™’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
(a) The Good To Go Testing™ name, logo and product images are protected under trademark and/or copyright laws. We are committed to protecting our trademarks, copyrights and intellectual property from counterfeiting and unauthorized use or resale. Good To Go Testing™ and its logos are registered trademarks and may not be used or reproduced on any website or by a third-party without the explicit consent of Good To Go Testing™ by Good To Go Testing™. Reselling or redistributing any Good To Go Testing™ Pproduct or Service is not authorized without the written permission of Good To Go Testing™the company. Advertising or otherwise marketing for sale Good To Go Testing Products or Services in any manner that is factually incorrect or otherwise misleading or illegal is prohibited. Our advertising policy covers all advertising to the public in all forms of media, including, but not limited to, websites, social media, television, radio, and print.
You own the information you provide Good To Go Testing™ or input on third-party websites through the Web Site. You grant to Good To Go Testing™ a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to use copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information. By providing information to us or to third-parties through the Web Site, you represent and warrant that you are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Good To Go Testing™ shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Web Site or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you. Good To Go Testing™ and Good To Go Testing™’s other product and service names, and logos used or displayed on the Web Site are registered or unregistered trademarks of Good To Go Testing™ (collectively, “Marks”), and you may only use such Marks to identify yourself as a customer and user of the Web Site; provided you do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Good To Go Testing™, its Products or Services.
7. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with all applicable laws, rule and regulations.
8. Third Party Links. From time to time, this web Site may contain links to web sites that are not owned, operated or controlled by Good To Go Testing™ or their respective affiliates. Such links are provided solely as a convenience to you. If you use these links, you will leave this web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other web sites linked to or from this web Site, you do so entirely at your own risk. Good To Go Testing™ is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any other web site, or your reliance on the privacy practices or other policies of any other web site.
9. Inappropriate Material. You are prohibited from posting or transmitting any, at Good To Go Testing's sole determination, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While Good To Go Testing™ has endeavored to create a secure and reliable Web Site, please be advised that the confidentiality of any communication or material transmitted to Good To Go Testing™ over the Internet cannot be guaranteed. Consequently, neither Good To Go Testing™ nor its affiliates are responsible for the security of any information transmitted using this Web Site, the accuracy of the information contained on this Web Site, or for the consequences of any reliance on such information. You are responsible for making your own determination regarding the information that you provide through this Web Site. In providing you the Web Site, we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your personal data.
11.DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE WEB SITE AND THE INFORMATION, MATERIALS, PRODUCTS, CONTENT, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AND GOOD TO GO TESTING™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. GOOD TO GO TESTING™ DOES NOT WARRANT AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE AND CONTAIN ERRORS, AND GOOD TO GO TESTING™ DOES NOT MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
GOOD TO GO TESTING™ DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, PRODUCTS, SERVICES, CONTENT, MATERIALS, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE WEB SITE, THE SOFTWARE, OR ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOU ACKNOWLEDGE THAT GOOD TO GO TESTING™ DOES NOT WARRANT THAT INFORMATION OR ADVICE OR ASSISTANCE OR PRODUCT OR SERVICE OBTAINED BY YOU FROM GOOD TO GO TESTING™ OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. GOOD TO GO TESTING™ DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE WEB SITE, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN. FURTHERMORE, GOOD TO GO TESTING™ DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEB SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE WEB SITE OR ITS USE, LOSS OF PERSONAL CONTENT ON THE WEB SITE, LOST OR UNDELIVERABLE EMAIL, AND FOR ANY OTHER REASON. UNDER NO CIRCUMSTANCES WILL GOOD TO GO TESTING™ BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEB SITE OR THE WEB SITE, OR ANY INTERACTIONS BETWEEN USERS OF THE WEB SITE OR THE WEB SITE, WHETHER ONLINE OR OFFLINE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, MEDICAL PROVIDERS, AND/OR LABORATORIES IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOOD TO GO TESTING™ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Good To Go Testing™ provides the platform for the Web Site. Good To Go Testing™ does not control or vet user generated content for accuracy. We do not control and we are not responsible for what users post, transmit or share on or through the Web Site or any other website (even if such content is published on or through the Web Site). Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Web Site.
Good To Go Testing™ is not responsible for the conduct, whether online or offline, of any user of the Web Site, Products, or Services. Further, Good To Go Testing™ is not responsible or liable in any manner for any third party applications, software, viruses, etc. that are uploaded or posted on the Web Site, caused by users of the Web Site, or that are related to the use of the Web Site by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilized in the Web Site or the Products or Services. GOOD TO GO TESTING™ CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE, PRODUCTS, AND/OR SERVICES.
We do not monitor content published through the Web Site and we are not responsible for content published through the Web Site. Notwithstanding the foregoing, Good To Go Testing™ reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
12. LIMITATIONS OF LIABILITY. Good To Go Testing™ does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or you’re downloading of any information or materials from this Web Site.
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW WILL GOOD TO GO TESTING™ OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSEANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL, MONETARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY) ARISING OUT OF THE USE, DELAY OR INABILITY TO USE OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION, CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH ANY OR ALL SUCH WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR PROVIDER OF SUCH PRODUCTS OR SUPPLIER OR PROVIDER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
13. Revisions to these Terms and Conditions. These Terms and Conditions may be revised solely by Good To Go Testing™ at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you and will supersede prior versions of these Terms and Conditions. Each time that you login, access or use this Web Site constitutes a binding agreement and a reaffirmation of your acceptance of the Terms and Conditions in effect at the time of your access or use. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site. When we change the policy in a material manner we will update the ‘last updated’ date below.
14. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Good To Go Testing™ to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the federal or state courts of the Broward County, State of Florida. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason and without notice. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice. If your account is cancelled, Good To Go Testing™ reserves the right to remove your account information along with any account settings from our servers with no liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of your use of Web Site, and may be referred to law enforcement authorities. Good To Go Testing™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Web Site.
16. Indemnity. You agree to indemnify, defend, and hold Good To Go Testing™ and its parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors, licensors, suppliers, contractors, consultants, representatives, and assigns, harmless from and against any claim, loss or demand, charge, action, or suit, whether in contract, tort, strict liability, negligence, or otherwise, for any and all losses, costs, liability, fees (including reasonable attorneys’ fees), expenses, damages of any nature or kind arising out of, connected with, or resulting from, arising out of your use (whether permitted under these Terms and Conditions or not) of our Web Site, Products, and/or Services, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions. Good To Go Testing™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Good To Go Testing™ in asserting any available defenses.
17. Domestic Use; Export Restriction. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its Content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
18. General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us, and no waiver of any term shall be deemed a further or continuing waiver of such term o any other term. All rights not expressly granted under these Terms and Conditions are hereby reserved for Good To Go Testing™. These Terms and Conditions, together with any amendments and any additional agreements you may enter into with Good To Go Testing™, shall constitute the entire agreement between you and Good To Go Testing™. These Terms and Conditions may not be changed or modified by you. These Terms and Conditions supersede prior versions of these Terms and Conditions. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and this shall not affect the validity of the other provisions of our Terms and Conditions, which shall remain in full force and effect. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Good To Go Testing™ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Nothing in these Terms and Conditions contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein. These Terms and Conditions are intended to comply with all applicable state and federal laws, rules, and regulations (collectively, "Laws"). Should Good To Go Testing™ be notified by any governmental agency or its counsel that a change in the Law causes the parties’ performance under this Good To Go Testing™ to be in violation of the Law or creates a moderate to substantial risk of violation of the Law, Good To Go Testing™ shall notify you, and Good To Go Testing™ shall amend these Terms and Conditions in all respects necessary to comply with such Laws.
19. Binding Arbitration / Class Waiver.
(c) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Good To Go Testing™ will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Good To Go Testing™ also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
(d)The arbitration may be conducted in Broward County, Florida unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and Conditions and may be entered as a judgment in any court of competent jurisdiction.
(e) Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party;s actual damages in any arbitration initiated under this section, except as may be required by statute. Nothing in this section shall be deemed as preventing Good To Go Testing™ from seeking injunctive or other equitable relief from the courts as necessary to protect any of Good To Go Testing’s proprietary interests.
(f) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
(g) Notwithstanding anything to the contrary herein, to the extent the Dispute arises from:
(1) a violation of your or Good To Go Testing's intellectual property rights in any manner; or
(2) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act
then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
(h) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
(i) YOU AND GOOD TO GO TESTING™ AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
(j) 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 Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20.Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us:
Good To Go Testing™
One World Trade Center, 85th Floor
New York, NY 10007
The Terms and Conditions were last updated on ____________, 2021.