1. Scope of Services
Daltonian Flux, LLC, including its parents, subsidiaries, affiliates, officers, employees, contractors, agents, and representatives
(collectively, the “Laboratory”), provides mail-in laboratory testing and related analytical services for submitted samples.
Services may include sample receipt, accessioning, handling, preparation, testing, analysis, limited reporting, limited customer support,
and associated administrative functions. All services are provided strictly subject to these Terms.
2. Client Representations and Warranties
By submitting a sample, the client represents, warrants, and covenants that:
- the client lawfully possesses the sample and has full authority to send it to the Laboratory;
- the sample was lawfully collected, lawfully obtained, and lawfully transferred;
- the sample does not violate any applicable law, regulation, permit restriction, court order, or rights of any third party;
- all information submitted with the sample is true, complete, and not misleading;
- the client understands the risks inherent in shipping, handling, storing, and testing the sample.
3. Mailing Regulations and Legal Compliance
The client is solely and exclusively responsible for ensuring that the collection, packaging, labeling, storage,
transport, mailing, shipment, and delivery of the sample comply with all carrier rules and all applicable federal, state, local, and international laws and regulations.
This includes, without limitation, rules and regulations of USPS, UPS, FedEx, DHL, the U.S. Department of Transportation,
any hazardous materials rules, public health laws, environmental laws, and any state-specific restrictions on the shipment, mailing, possession,
or transfer of the sample type.
The Laboratory does not provide legal advice concerning mailing legality, does not guarantee that any sample type may lawfully be shipped,
and does not assume any duty to verify that a shipment complies with applicable law before or after receipt.
4. Sample Integrity, Transit Risk, and Pre-Receipt Conditions
Mail-in laboratory testing inherently involves risks outside the Laboratory’s control, including but not limited to delay, misrouting, contamination,
degradation, oxidation, leakage, breakage, tampering, temperature excursions, moisture exposure, light exposure, inadequate preservation, and improper collection.
Because the Laboratory does not control the sample before actual receipt and accessioning, the Laboratory disclaims any responsibility for the condition,
integrity, chain of custody, or suitability of the sample before receipt.
5. Best-Effort Testing Standard
All testing, analysis, interpretation, and reporting are performed on a
best-effort, commercially reasonable basis using methods, procedures, equipment, controls, and personnel
the Laboratory deems appropriate in its sole discretion.
The client acknowledges that all laboratory work is subject to uncertainty, instrument limitations, matrix interference, contamination risk,
operator judgment, calibration limitations, method limitations, sample heterogeneity, and other variables that may affect the result.
The Laboratory does not warrant that any result is perfectly accurate, complete, reproducible, admissible, merchantable, fit for a particular purpose,
or sufficient for any regulatory, commercial, legal, medical, or scientific purpose.
6. No Warranty
All services, reports, results, content, portals, kits, and communications are provided
“AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.”
To the fullest extent permitted by law, the Laboratory disclaims all warranties of every kind, whether express, implied, statutory, or otherwise,
including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted availability.
7. No Medical, Clinical, Legal, or Regulatory Advice
Unless explicitly stated otherwise in a separate signed writing, Laboratory services are offered for informational and analytical purposes only.
Results are not medical advice, legal advice, treatment advice, compliance advice, or product certification.
The client bears sole responsibility for obtaining independent professional advice before relying on any test result.
8. Limitation of Liability
To the maximum extent permitted by law, the Laboratory shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive,
or enhanced damages, or for any loss of profits, loss of business, loss of opportunity, loss of goodwill, loss of data, regulatory exposure, penalties,
attorney fees, third-party claims, personal injury claims, property damage claims, or business interruption arising out of or relating to the services.
The Laboratory’s total aggregate liability for any and all claims, causes of action, losses, damages, and liabilities arising from or related to the services
shall not exceed fifty percent (50%) of the amount actually paid by the client for the specific service giving rise to the claim.
This limitation applies regardless of the legal theory asserted, including contract, tort, negligence, gross negligence to the extent limitation is permitted,
strict liability, warranty, misrepresentation, statutory claim, or otherwise.
9. Sample Loss, Destruction, Delay, or Mishandling
Despite reasonable procedures, samples may be lost, mixed, damaged, destroyed, consumed during testing, delayed, mislabeled, compromised,
or rendered unsuitable for further analysis.
The client agrees that the Laboratory’s sole and exclusive remedy for any such event shall be, at the Laboratory’s sole option:
- retesting the same sample if feasible;
- requesting a replacement sample;
- issuing a refund or credit in an amount determined by the Laboratory, subject in all events to the liability cap above.
10. Indemnification
The client shall defend, indemnify, and hold harmless the Laboratory from and against any and all claims, demands, actions, proceedings, liabilities,
damages, judgments, penalties, fines, costs, and expenses, including reasonable attorney fees, arising out of or related to:
- the client’s violation of these Terms;
- illegal possession, mailing, or shipment of any sample;
- mislabeling, undeclared hazardous contents, or improper packaging;
- any third-party use of the result;
- the client’s misuse, publication, or reliance on a report or result;
- any false, incomplete, or misleading information submitted by the client.
11. Ownership of Samples
Except where prohibited by law, once a sample is submitted to the Laboratory, the client grants the Laboratory a nonexclusive, irrevocable right
to receive, open, inspect, document, handle, prepare, test, split, aliquot, consume, destroy, store, archive, discard, or transfer the sample
as reasonably necessary to perform the requested service, maintain quality systems, comply with law, or protect the Laboratory’s interests.
The Laboratory is under no obligation to return any submitted sample, including unused portions.
12. Sample Storage and Destruction Policy
Samples may be retained for a period determined solely by the Laboratory, or not retained at all. Retention periods may vary based on sample type,
hazard, storage constraints, internal policies, legal obligations, or workflow requirements.
The Laboratory may destroy, consume, neutralize, discard, or otherwise dispose of any sample at any time after testing, or earlier if the sample
is unsafe, unstable, unlawful, impractical to store, or not suitable for analysis.
The client waives any claim arising from the destruction or non-return of the sample.
13. Limitation on Use of Test Results
Results are provided solely for the client’s internal informational use unless the Laboratory expressly states otherwise in a separate written agreement.
The client shall not use, or permit others to use, the results for:
- medical diagnosis or treatment decisions;
- regulatory submissions or filings without independent validation;
- marketing or advertising claims;
- product guarantees or certification claims;
- litigation, arbitration, insurance, or evidentiary use without the Laboratory’s written consent.
The Laboratory disclaims all liability arising from any third-party reliance on any report or result.
14. Regulatory Compliance Disclaimer
Unless explicitly and separately stated in writing, the Laboratory does not represent that any test is CLIA-certified, FDA-cleared, accredited for any particular use,
or suitable for clinical diagnosis, legal proof, or regulatory submission.
The client bears sole responsibility for determining whether the services and resulting information satisfy any legal, regulatory, customer, insurer,
or contractual requirement.
15. Confidentiality
The Laboratory will use commercially reasonable efforts to maintain the confidentiality of client-submitted information and reports.
However, the Laboratory may disclose information where it determines disclosure is necessary or appropriate to comply with law, enforce these Terms,
protect safety, address carrier or regulator inquiries, respond to legal process, or protect the Laboratory against claims.
16. Refusal of Service
The Laboratory may reject, suspend, cancel, or refuse service at any time and for any reason, including safety concerns, legal concerns,
suspected fraud, insufficient documentation, improper packaging, inadequate sample volume, contamination, nonpayment, abusive conduct,
or inability to test the submitted material.
17. Force Majeure
The Laboratory shall not be liable for any delay, failure, interruption, degradation, loss, or inability to perform resulting from causes beyond its reasonable control,
including acts of God, fire, flood, earthquake, war, terrorism, civil unrest, pandemic, epidemic, labor disruption, utility outage, carrier delay,
equipment malfunction, software failure, cyberattack, shortage, embargo, government order, or any change in law or regulation.
18. Time Limit for Claims
Any claim, demand, action, or proceeding arising out of or relating to the services must be commenced no later than
six (6) months after the earlier of:
- the date the result was reported;
- the date the client knew or should have known of the alleged issue;
- the date the service was completed or abandoned.
Any claim not timely brought is permanently barred.
19. Mandatory Binding Arbitration
Any dispute, claim, or controversy arising out of or relating in any way to the sample, the services, any report, any alleged mishandling,
any alleged inaccuracy, these Terms, or the relationship between the parties shall be resolved exclusively by
final and binding arbitration.
Arbitration shall be administered by the American Arbitration Association or a comparable arbitration provider selected by the Laboratory.
The arbitration shall be conducted in [INSERT COUNTY, STATE], unless the Laboratory elects to allow remote proceedings.
The arbitrator shall have exclusive authority to resolve all disputes relating to interpretation, applicability, enforceability, formation,
and scope of this arbitration agreement, except issues that are expressly reserved to a court by non-waivable law.
The client and the Laboratory knowingly and irrevocably waive any right to a jury trial.
20. Class Action Waiver
All disputes must be brought solely on an individual basis. Neither the client nor the Laboratory may bring or participate in any class action,
collective action, private attorney general action, representative action, or consolidated proceeding.
The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
21. Governing Law and Venue
These Terms and any dispute not subject to arbitration or concerning enforcement of an arbitration award shall be governed by the laws of the
State of [INSERT STATE], without regard to conflict-of-law principles.
To the extent court proceedings are permitted, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in
[INSERT COUNTY, STATE].
22. Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted,
and the remaining provisions shall remain in full force and effect.
23. Entire Agreement; No Reliance
These Terms constitute the complete and exclusive agreement between the client and the Laboratory with respect to the services and supersede all prior
or contemporaneous understandings, communications, advertisements, proposals, and representations relating to the same subject matter.
The client acknowledges that it has not relied on any oral statement, marketing statement, estimate, promise, sample report, or informal communication
not expressly set forth in these Terms.
24. Acceptance of Terms
By purchasing a test, clicking acceptance online, submitting a sample, or otherwise using the services, the client confirms that the client has read,
understood, and agreed to these Terms and Conditions in full.
If the client does not agree, the client must not submit any sample or use any related service.
