Immunotec Mobile

Terms and Conditions of Use

IMPORTANT -- READ CAREFULLY BEFORE PROCEEDING

Overview

The use of this website, including all web pages (collectively the “Site”) and its information, is offered under acceptance of the Terms and Conditions of Use herein (the “Terms”). Please read these Terms carefully before using this Site. You agree to be bound by these Terms as they are amended from time to time, and posted on the Immunotec Site. Your continued use of the Immunotec Site shall be deemed your acceptance of said Terms. If you do not agree with said Terms, please refrain from using this Site. Immunotec Inc. and its related companies and subsidiaries (“Immunotec”) reserve the right to change these Terms, in whole or in part, and at any time without notice. We suggest that you always check this page prior to using the Site to make sure that you have a current understanding of the terms under which you are permitted to access this Site.

If you are an Immunotec Consultant, you have additional terms and conditions as set forth in the Immunotec Consultant Agreement and Business Guide.

Intended Audience

The Site is a business and commercial website and intended for a commercial use only. It is not intended for individuals under 16 years old. Immunotec does not gather personal data online from children under 13. The material on the Site is published by Immunotec as a service to Immunotec Consultants, their customers, and prospective Immunotec Consultants and customers residing in Canada and the United States. The Site is not intended for access or use in any other country. Immunotec makes no representation that the information on the Site is appropriate or may be downloaded legally outside of Canada or the United States. Access to the materials on the Site may not be legal by certain persons in certain countries. If you access the Site from outside of Canada or the United States, you do so at your own initiative and are responsible for compliance with the local laws.

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Use of Site Information

The content in the Site is offered on an informational basis only and is not intended to be a substitute for advice from a doctor or other qualified health professional. You should never use the information contained in this website to diagnose, treat, cure or prevent disease. You must always read carefully the labels of our products before use. Should you believe or suspect that you have a health problem, we strongly suggest that you consult a health professional.

You further understand and agree that:

  1. Immunotec makes no claim that its products are anything other than dietary supplements designed to improve nutrition and, thereby, optimize health. Everyone regardless of his/her original state of health can benefit from improved nutrition.
  2. Dietary supplements are nutritional products and are not designed for use in the treatment of disease or to substitute from a health professional’s care or from a proven therapy. Immunotec's dietary supplements are designed to improve nutrition and general well-being.
  3. Immunotec products are nutritional in nature and do not substitute from a health professional care or from a proven therapy.
  4. These statements have not been evaluated by the Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure or prevent disease.

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© Copyrights and Trademarks

All website design, text and graphics, and the selection and arrangement of such elements are owned and created by Immunotec and are Copyright © 2009 Immunotec Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Immunotec.

You are hereby granted permission to the extent necessary in order to lawfully access and use the services available on the Site to display, download, archive and to print in hard copy, portions of the Site for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions, or if your status as an Immunotec Consultant is terminated. Upon termination, you must immediately destroy any downloaded or printed materials. You may not, without Immunotec's prior written permission, frame or mirror any material contained on the Site on any other server.

“Immunotec”, the Immunotec logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade address of Immunotec. There may be other trademarks, product names, company names, logos, service marks and/or trade address indicated on the website that are the property of their respective owners.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE MATERIALS OR ANY COPY IN WHOLE OR IN PART, INCLUDING ANY PRINTOUT OF ALL OR PART OF THESE MATERIALS FOR ANY COMMERCIAL USE. YOU MAY NOT TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY OR CREATE ANY DERIVATIVE WORKS BASED ON THE MATERIAL IN THE SITE.

Testimonials

The people giving product or business opportunity testimonials on our Site or other reflect the actual experience of each individual, are anecdotal only, and may be atypical.

Product Purchases

If you purchase items through the Site, you are responsible for providing a valid credit card number with available credit at the time of purchase, or valid checking account information with available funds at the time of purchase. You represent and warrant that you are an authorized user of any such credit card or the owner of any such checking account. You are responsible for payment of any applicable provincial, state, local or city sales taxes. Applicable sales taxes and shipping and handling charges will be included in the purchase.

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Total Customer Satisfaction Guarantee

All sales made by Immunotec and its Consultants to Customers are backed by a 30-day product money back guarantee.

Customer Return Policy

Immunotec offers a total customer satisfaction guarantee. Customers who are not completely satisfied with the product(s) they have purchased can return all unused and unopened merchandise within 30 days from the original date of purchase, for a complete refund, less any shipping costs. Products that are returned in re-saleable condition after 30 days from the date of purchase will be refunded at 90% of the original purchase price less any shipping costs (unless otherwise required by state or provincial law). Products that are being returned to Immunotec must be marked with a clearly visible Return Authorization (RA) number.

Before any product(s) can be returned to Immunotec, a RA number is required. To obtain a RA number, the Consultant must contact Immunotec’s Customer Service Department and provide the sale order(s), and lot number(s) for all products being returned. Each item that is being returned to Immunotec must include a clearly visible RA number. The Customer will receive a refund once Immunotec has received the product(s) and has verified their condition. All credits will be made by the same method of payment as was used for the original order.

Items that are returned to Immunotec without a clearly visible RA number will be refused. Any costs incurred will be the responsibility of the Customer. Products are considered re-saleable if they are unused, unopened and have not surpassed the expiration date. Any products that are not considered to be in re-saleable condition will not be accepted for a refund and Immunotec will notify Customer of such non-acceptance. The Customer will then have the option of having the product(s) returned to them, at their own cost. Should the Customer not notify Immunotec in writing within ten days of Immunotec’s notice of non-acceptance that it wishes to have the products returned to him or her, Immunotec will dispose of the products without any liability or compensation to the Customer.

Refunds will be issued within 15 business days of the date of return and acceptance by Immunotec.

Consultant Product Return Policy

Immunotec’s Product Return Policy for Consultants is set out in the Business Guide and directs its Consultants there.

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Submissions and Privacy

Any material, information or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Immunotec for any purpose whatsoever, including, but not limited to, reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Immunotec will be handled in accordance with the Immunotec Privacy Policy. Immunotec has no responsibility to respond to messages posted at the Site. Furthermore, posting or transmittal of any unlawful, threatening, libelous, defamatory, scandalous, inflammatory obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.

Links to Other Sites

The Site may contain links to other internet sites providing advice and other goods and services, which are owned and operated by third party vendors. Immunotec cannot endorse or accept any responsibility for the content, use, or products and services made available through a non-Immunotec website. By utilizing these links, you acknowledge and agree that Immunotec is not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these Internet sites. You further acknowledge and agree that Immunotec is not responsible, either directly or indirectly, for any damages, or losses caused or alleged to have been caused by use of or reliance on the actions, content, accuracy, privacy policy, opinions expressed, goods, or services provided through these links or made available through these resources. Should you have questions regarding these internet sites, you should address them directly with the site administrator for the particular site.

Disclaimer

THE CONTENT, INFORMATION, MATERIALS AND SERVICES OFFERED THROUGH THE SITE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR GUARANTEE OF ACCURACY, ADEQUACY, COMPLETENESS, CONFORMITY OF THIS INFORMATION AND/OR MATERIALS, OR THAT THE SAME IS ERROR FREE. IMMUNOTEC IS IN NO WAY RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS THAT MAY BE PRESENT IN THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMUNOTEC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FINALLY, IMMUNOTEC IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, INFORMATION OR PROFITS ARISING OUT OF THE USE OF THE SITE.

In addition, Immunotec does not warrant, guarantee or make any representations regarding the security of accounts, or that this website is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor does it warrant, guarantee or make any representations that access to this website will be fully accessible at all times, uninterrupted, or error-free.

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Limitation of Liability

IN NO EVENT WILL IMMUNOTEC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST OR MISDIRECTED ORDERS, LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (1) USE OF OR THE INABILITY TO USE THE SITE BY ANY PARTY; OR (2) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE; OR (4) MISUSE OF ANY PRODUCTS OFFERED THROUGH THE SITE, EVEN IF IMMUNOTEC, ITS EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.

Miscellaneous

These Terms shall be governed by the laws of the Province of Quebec without regard to its conflicts of laws principles. You agree that any lawsuit arising out of or relating to these Terms shall be filed only in the courts located in the Province of Quebec and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit.

In the event that any provision(s) contained in these Terms is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. Immunotec's failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision or right.

Immunotec reserves the right to correct any inaccuracies or typographical errors in the information posted to the Site, and shall have no liability for such errors. Prices and availability of goods and services is subject to change without notice.

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