Last Updated: 9/4/2024
Welcome to the LIMS Analytical Testing Platform. Please read these Terms of Service (“Terms”) carefully before using our services. By accessing or using the services provided by the Service Provider, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Introduction
The Service Provider is a 508(c)(1)(a) non-profit harm reduction organization that facilitates the submission of analytical samples for testing. The Service Provider acts as a third-party processor, helping clients submit samples to accredited laboratories for analysis. The Service Provider is not a laboratory and does not conduct tests. The role is to bridge the gap between users and laboratories, ensuring samples are processed efficiently and results are delivered in a timely manner.
The Service Provider offers logistical support, facilitates communication, and delivers lab-generated reports to users. The responsibility for testing and results lies with the independent laboratories partnered with.
2. Acceptance of Terms
By using the services, including but not limited to submitting samples, utilizing the online platform, and receiving analytical results, the User agrees to be bound by these Terms. This is a legally binding agreement between the User and the Service Provider.
3. Role as a Third-Party Processor
The Service Provider is not a laboratory. It acts solely as a facilitator, ensuring samples are submitted to accredited laboratories on behalf of the User. All testing, analysis, and reporting are conducted by independent, accredited laboratories. The Service Provider does not perform laboratory tests or issue direct results.
4. Use of Services
4.1 Eligibility
By using the services, the User confirms that:
- They are at least 18 years of age.
- They have the legal capacity to enter into these Terms.
- They are submitting samples that comply with all local, state, and federal regulations.
4.2 User Responsibilities
The User is responsible for:
- Properly packaging and shipping samples using provided instructions and materials.
- Ensuring samples are legal, safe, and in compliance with applicable regulations.
- Providing accurate and complete information, including shipping details and payment.
- Promptly submitting tracking information for any samples shipped directly to the laboratory.
- Understanding that results are provided for informational purposes only and may not be used for any illegal or unauthorized purposes.
5. Sample Submission and Shipping
5.1 Sample Submission
The User is responsible for timely shipment of samples to the laboratory. If samples are not shipped within 10 days of placing an order, the order may be automatically canceled, and a refund may be issued.
5.2 Sample Ownership and Disposal
By submitting a sample, the User confirms that they have the right to submit the sample for testing. Ownership of the sample and associated data remains with the User until testing is complete.
The Service Provider facilitates sample submission but does not claim ownership of samples or data. Once testing is complete, the laboratory discards the sample in accordance with their standard procedures and regulations. Samples are not stored or returned unless otherwise agreed in writing before testing begins.
5.3 Shipping
If requested, the Service Provider provides prepaid shipping labels and instructions for sample submission. Users choosing their own carrier are responsible for shipping costs and providing tracking information. Failure to provide tracking may result in delays or cancellation of the order.
6. Processing and Reporting
6.1 Laboratory Testing
All testing and analysis are performed by independent, accredited laboratories. The Service Provider is not responsible for any errors, inaccuracies, or delays caused by the laboratory. Testing times are estimated and may vary.
6.2 Results
Once testing is complete, the User receives a Certificate of Analysis (COA) via email. The COA provides details about the compounds tested and their concentrations. The User agrees that the COA is for informational purposes only and should not be used as the sole basis for medical, legal, or financial decisions.
6.3 Accuracy of Results
While the Service Provider and partner laboratories make every effort to ensure accurate results, no guarantees are made regarding the accuracy. Variability may arise due to factors beyond control, including sample quality and testing conditions.
7. Cancellations and Refunds
7.1 Cancellations
Orders may be canceled if samples are not received within 10 days or if other issues arise preventing testing. Orders cannot be canceled once testing has begun.
7.2 Refunds
Refunds are issued for cancellations made before testing begins or if the sample is not received within the required timeframe. Once testing has commenced, no refunds will be issued.
8. Limitation of Liability
To the fullest extent permitted by law, neither the Service Provider nor its affiliates, directors, officers, employees, or agents shall be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of services or any errors in analysis provided by laboratories. The total liability of the Service Provider for any claim, loss, or damage, whether in contract, tort, or otherwise, is limited to the total fees paid by the User in the 12 months prior to the claim.
9. Privacy Policy
The User’s privacy is important. By using the services, the User agrees to the collection and use of personal data in accordance with the Privacy Policy. The Service Provider will not sell or share personal information with third parties, except as necessary to facilitate lab testing or comply with legal obligations.
10. Intellectual Property
All content on the Service Provider’s website, including text, graphics, logos, and software, is the property of the Service Provider and is protected by intellectual property laws. The User may not use, reproduce, or distribute any content without express written permission.
11. Dispute Resolution Regarding Test Results
11.1 Role as a Third-Party Facilitator
The Service Provider is a facilitator between the User and the laboratory. It does not conduct tests or guarantee the accuracy of the results.
11.2 Disputes Concerning Test Results
In case of a dispute regarding test results:
- Mediation: The Service Provider will make reasonable efforts to assist in mediating disputes between the User and the laboratory.
- Laboratory Responsibility: Any disputes about the results should be directed to the laboratory that performed the testing.
11.3 Limitations of Liability
The Service Provider is not responsible for any errors or discrepancies in the laboratory’s results.
12. Changes to Terms
The Service Provider reserves the right to modify or update these Terms at any time. Users will be notified by the “Last Updated” date. Continued use of the services after changes constitutes acceptance of the modified Terms.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of California, without regard to conflict of law principles. Disputes will be resolved in the state or federal courts located in San Francisco.
15. Confidentiality
15.1 Protection of Customer Information
The Service Provider is committed to maintaining confidentiality. Personal information will not be disclosed to laboratories, except as required by law or with explicit consent.
15.2 Sample Anonymity
When samples are submitted to laboratories, they are done so anonymously. Laboratories do not have access to personal information about the User.
15.3 Internal Access to Information
Access to User data is restricted to personnel who need it to provide services. All personnel are bound by confidentiality agreements.
15.4 Data Protection
The Service Provider uses industry-standard security practices to protect User data through encryption, secure storage, and limited access protocols.
15.5 Exceptions
In some cases, the Service Provider may be legally required to share information with government authorities. The User will be notified, if permitted by law.
17. Contact Information
For questions about these Terms, please contact:
Entheology Project
A 508(c)(1)(a) non-profit harm reduction organization
2021 Fillmore St PMB 2035
San Francisco, CA 94115
Phone: 415-390-6250
Email: data@entheo.info
https://lims.entheo.info/terms-of-service/
https://lims.entheo.info/privacy-policy
EIN: 88-1953133