MTUSBIO Technology Co., Ltd
Before using our services, please read these terms carefully as they may have changed since your last visit. If you view this content on your mobile device, you can also view these terms through the web browser on Mtusbio.com/tos. If you do not agree to these terms, please do not use our services, including our website, surveys, tools, programs, or applications. By using our services, you represent to us that you are over 18 years old and hereby unconditionally accept these terms.
We reserve the right to revise these Terms in our sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms from and after the date of such revision.
If you wish to use the Site on behalf of a company, entity or organization (each, a ‘Subscribing Entity’), then you represent and warrant that you: (a) have the authority to bind such Subscribing Entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
These terms include an arbitration agreement that requires you and MTUSBIO Company to arbitrate certain claims through binding individual arbitration rather than resorting to court, and limits class action claims (see Article 23 "Arbitration Agreement").
1. Definitions.
2. Products and Services.
Our Services
1.Service scope and product description
The testing card we provide is suitable for in vitro rapid screening of specific animal diseases such as animals/pets/exotic pets, covering multiple categories (specific to product packaging labeling). It is only used as a preliminary on-site testing tool and does not have medical diagnostic qualifications.
Core service content of the testing card: providing qualified testing products, supporting consumables (sampling cotton swabs, buffer solutions, etc.), standardized user manuals, as well as basic services such as product usage guidance and result interpretation consultation.
The product specifications, testing targets, expiration date, and storage conditions are all based on the packaging labels. Users need to verify them after purchase and store and use them according to requirements.
2.User Rights and Obligations
User Rights
We have the right to obtain testing cards and supporting consumables that meet packaging labeling standards and are within their validity period. If the product has quality problems such as packaging damage, leakage, or expiration, we can apply for a return or exchange. We have the right to consult on the use of testing cards, sampling techniques, and criteria for determining results. We will respond promptly during working hours. Those who have doubts about the results after testing have the right to request assistance from our technical personnel for interpretation, or suggest going to a regular pet hospital for re examination and confirmation.
User Obligations
When purchasing, it is necessary to confirm the animal category and disease type that the product is suitable for testing, select according to needs, and properly keep the purchase vouchers (orders, invoices, etc.). Vouchers must be provided when returning or exchanging goods. We must strictly store according to the product manual requirements (such as avoiding light and humidity at room temperature, and some products need to be refrigerated). If the product fails due to improper storage, we will not be held responsible. The sampling and testing process must follow the operating specifications in the manual, accurately collect samples (feces, nasal/oral secretions, blood, etc., subject to product requirements), standardize sample addition, and wait for results. If abnormal test results are caused by operational errors, the user shall bear the consequences on their own. The test results are only for preliminary screening reference and cannot be used as the sole basis for the diagnosis and treatment of animal diseases. Users need to go to a regular hospital for professional diagnosis and treatment in a timely manner based on the clinical symptoms of the animal after the test, and cannot delay diagnosis and treatment solely based on the results of this test card. It is strictly prohibited to use the detection card for non animal (such as human) detection (except for human detection cards), and it is strictly prohibited to tamper with product packaging or forge detection results. Any losses caused by illegal use shall be borne by the user.
3.Our rights and obligations
Our rights
We have the right to request users to provide purchase vouchers, product problem photos, etc. as the basis for returns, exchanges, and problem investigation. If the user cannot provide and verify them, we have the right to refuse the relevant demands. We have the right to refuse to take responsibility for product failure or abnormal results caused by improper user operation, storage errors, or expired use. Have the right to adjust product specifications or usage instructions based on product upgrades and technological iterations, with prior public notice, without the need to notify individual users separately.
Our obligations
Ensure that the testing cards sold comply with relevant national quality standards, the production process is compliant, and the product packaging labeling information is true and accurate (including testing scope, validity period, operating steps, etc.). Provide 7 x 12 hours (or agreed upon working hours) of technical consulting services to promptly answer reasonable questions from users regarding usage and result interpretation. If there are non-human quality issues with the product (such as leakage without opening, failure of the testing line, deterioration within the validity period, etc.), we promise to unconditionally return or exchange the goods and bear the basic shipping costs incurred by the return or exchange. Strictly keep confidential the animal information and testing related consultation content provided by users, and do not disclose it to any third party (except as required by laws and regulations).
4.Return and Refund Policy
No reason return or exchange: For products that are unopened, unused, well packaged, and within their validity period, users can apply for no reason return or exchange within 7 days after purchase, and the shipping cost will be borne by the user (except for quality issues). Quality issue return and exchange: If the product has quality issues as stipulated in Article 3, Paragraph 2, Item 3 of these terms, the user can apply for a return and exchange within [15] days after receiving the goods, and we will bear the round-trip shipping costs. At the same time, we can resend the same qualified product or provide a full refund according to the user's needs. Non refundable situations: If the product has been opened for use, the packaging is damaged, it has exceeded its expiration date, it has been damaged due to improper storage/operation by the user, there is no purchase voucher and the order cannot be verified, we will not accept returns or exchanges. Return and exchange process: Users need to contact our customer service first, provide purchase receipts and photos of product issues. After verification by customer service, the product will be returned according to the instructions. After our acceptance is qualified, we will complete the return or refund process.
5.limitation of liability
Our testing card is only a rapid screening tool and is not a medical diagnostic equipment. We do not assume medical responsibility for the accuracy of the test results. If users rely on the results of this product to delay animal diagnosis and treatment, resulting in animal health losses, we will not be liable for compensation. If the product cannot be supplied normally or the service is interrupted due to force majeure (such as earthquakes, fires, policy adjustments, etc.), we will not be held responsible for breach of contract, but we need to notify the user in a timely manner. We are only responsible for the quality issues of the product itself and shall not be liable for any indirect losses incurred by users due to the use of the product (such as pet treatment costs, lost work costs, etc.). If a user uses a detection card in violation of regulations (such as for human detection or forging results) and causes personal or property damage to others, the user shall bear all responsibility on their own and has nothing to do with us; Therefore, if any losses are caused to us, we have the right to seek compensation.
6.Disclaimers
Individual differences in animals, timing of sample collection (such as disease incubation period sampling), sample contamination, and other factors may lead to false positive or false negative test results, which are normal technical limitations of rapid testing products. We are not responsible for this, and users should refer to the professional testing results of the hospital. The reference range and judgment criteria in the product manual are only applicable to this product and are not applicable to other brand testing cards. Users must strictly interpret the results according to the product manual. If used beyond the testing category and scope indicated on the product packaging, the testing results will be invalid and we will not be held responsible.
7.Dispute resolution
Any disputes arising from this clause between the two parties shall be resolved through friendly consultation as a priority; If no agreement can be reached through negotiation, either party may bring a lawsuit to the people's court with jurisdiction over our location. During the dispute resolution period, both parties shall continue to fulfill the agreed terms of the undisputed portion.
8.Other Terms
This clause shall come into effect from the date of purchase of our testing card by the user, and shall remain valid until the user completes the use of the product or completes the return or exchange process. We reserve the right to update these terms through our official website, product packaging, customer service notifications, and other means. The updated terms shall take effect from the date of public announcement, and continued use of the product shall be deemed as acceptance of the updated terms. Any matters not covered by this clause may be supplemented by a supplementary agreement signed by both parties, which shall have the same legal effect as this clause. The products and services provided on this website or any other MTUSBIO platform, or any samples we may provide, are for personal use only. Without authorization, you are not allowed to sell or resell any products, services, or samples you purchase or receive from us. MTUSBIO reserves the right to cancel or reduce any order quantity for any reason without prior notice.
License to Use; Login Credentials.
Subject to these Terms and any other agreement between you and us, where applicable to the Service you are receiving from us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to install and use the Apps on a compatible mobile device for your personal, non-commercial purposes and to use our Site, in each case solely in the manner enabled by us. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to all such upgrades or improvements. The foregoing license grant is not a sale of the Apps or the Site or a sale of a copy of the Apps or the Site, and we and our partners and suppliers retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
In order to use some functionality of our Services, you will be required to register by providing certain information. We may ask you to complete a registration form and create a user name and password (‘Login Credentials’). During any such registration, you are required to give truthful contact information (such as name and email address) In accordance with these Terms. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including, without limitation, financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. All information that you provide through our Services is subject to our Privacy Policy , as may be in effect from time to time. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on our Site.
Government Licenses.
We have not obtained permission from all state, federal, or international agencies for animal disease/early pregnancy/paternity testing. If a jurisdiction requires our services to be subject to a license, and we do not have that license, we will not provide services in that jurisdiction.
Use of Information and Privacy.
Our Privacy Policy ("Privacy Policy") describes the collection, use, and disclosure of data and information related to our services. We may update our privacy policy from time to time in accordance with its terms, and you hereby agree to the collection, use, and disclosure practices set forth therein. If you do not agree with the privacy policy, you are not allowed to use the service. You can confirm and agree to the privacy policy through the following methods: (1) Click to accept or agree to the privacy statement, MTUSBIO provides you with this option for any services; (2) Actual use of services;
Unless you elect not to allow your pet’s Genetic Information and Reported Information to be used for research purposes, we may include your pet’s information in the Aggregated Genetic Information and Reported Information, which will be disclosed to third-party non-profit and/or commercial research partners, or other third parties, who may publish such information in a peer-reviewed scientific journal. Our research may be sponsored by, or conducted on behalf of or in collaboration with, third parties, such as non-profit foundations, academic institutions or pharmaceutical companies.
We will never release your personal information combined with your pet’s individual-level Genetic Information and/or Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law or regulation. However, we may include your pet’s name, Genetic Information and Uploaded Content in publications, marketing or promotional material.
By using our Services, you consent to receiving communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including written communications.
Embark Content; Uploaded Content.
You acknowledge that all user content, whether publicly posted or privately transmitted, is the sole responsibility of the source of such user content. This means that you (not MTUSBIO) are fully responsible for all user content uploaded, published, emailed, or otherwise transmitted through the service.
You acknowledge that the service content provided to you as part of the service, whether it is the original MTUSBIO service content or sponsored content within the service, is protected by copyright and/or other intellectual property rights owned by MTUSBIO and/or sponsors (or other individuals or companies representing them) who provide such content to MTUSBIO. MTUSBIO grants you a limited license to copy and distribute any service content free of charge, provided that you: (i) provide the service content displayed on the MTUSBIO website or the reports generated by MTUSBIO without making any changes, including but not limited to presenting parts that may distort the essence of the service content; (ii) Include the following attributes on the homepage of any materials you distribute: © MTUSBIO Co., Ltd. 2017-2026. All rights reserved; Distribute according to the limited license of MTUSBIO; And (iii) agree that you have no right to provide any further rights to any other person regarding the content of this service. Except for the limited license provided in this clause, you may not modify, rent, lease, lend, distribute, sell, or create derivative works (in whole or in part) based on the content of this service, unless MTUSBIO or the owner of such content expressly notifies you in a separate agreement to do so.
According to these terms and any other agreements between you and us, we hereby grant you a limited, non exclusive, non sublicensable, revocable license to access and use the content, subject to any restrictions on certain types of content set forth in these terms. This license is non transferable unless you and the subsequent owner and/or co owner of mtusbio testing have been confirmed as mtusbio and have accepted these terms of service. Content "refers to all information, text, images, data, links, or other materials posted on our services that are (i) publicly available or (ii) accessible to you, whether created by us or provided by third parties through our services.
You understand that the Content that is posted on our Services is used by you at your own risk. If you submit User Content, you may remove, modify or alter such User Content at any time, through functionality that we make available on our Site. However, by uploading or submitting Content, you grant Embark a limited, nonexclusive, license to access and use the User Content for any purpose (unless otherwise limited in this Policy), including marketing, enhancing services to other Customers, research, or public relations. This license is not deemed revoked by your removal of the User Content from your dog’s profile. Your User Content includes not only content concerning your dog, but also your uploaded reactions (e.g., “Wags”) to other customer’s User Content.
We reserve the right to make changes to Content, descriptions or specifications of our Services or other information without obligation to issue any notice of such changes.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on the Site.
Prohibited Conduct.
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. The unauthorized resale of any Embark kit, the purchase of any Embark kit for the purpose of unauthorized resale, or the marketing or representation of Embark kits for resale by anyone not expressly authorized to do so by Embark is Prohibited. You may not use our Services if you are barred from using them under the laws of the jurisdiction in which you are a resident or from which you use the Services. You may not use our Services in any manner that, in our sole discretion, could damage, disable, overburden, impair or interfere with any other party’s use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to: Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us. Use a name or language that we, in our sole discretion, deem offensive. Post defamatory statements. Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious or other group. Post Content that depicts or advocates the use of illegal drugs. Post Content that characterizes violence as acceptable, glamorous or desirable. Post Content which infringes another’s copyright, trademark or trade secret. Post unsolicited advertising or unlawfully promote products or services. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity. For our Embark Veterinary Program, intentionally mis-identify your Veterinarian, misrepresent yourself as a Veterinarian, or, for Program Veterinarians, neglect to review reported information or provide false information to us. Promote, solicit or participate in any multi-level marketing or pyramid schemes Exploit children under 18 years of age. Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum. Invade the privacy of any person, including, without limitation, posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age). Solicit personal information from children under 13 years of age. Create a false identity or impersonate another person or entity. Encourage conduct that would constitute a criminal or civil offense. We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You agree not to, and will not permit any person or entity to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses and/or harmful code to our Services; and (vi) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of our Services or any Content, except as permitted by our robots.txt file.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above reasons or for any other reason, and if we do so, we may terminate your access to our Services.
Indemnification.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, ‘Claims’), including without limitation attorneys’ fees, resulting directly or indirectly from (i) your use of our Services, (ii) any use or disclosure of any information that is obtained from our Genotyping and Methylation Services and disclosed to you consistent with our Privacy Policy, (iii) any disclosure by you, whether intentionally or unintentionally, of your pet’s Genetic and/or Reported Information to any third party, (iv) your provision of any Content and/or (v) any user’s or other third party’s use of any Content that you submit via our Services. Claims also includes any liability related to our use or non-use of your User Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. At our option, you agree to defend us from any such Claims. This indemnification obligation will continue after you stop using the Services.
Intellectual Property Rights.
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services, including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms. Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. We welcome your feedback, ideas and suggestions (collectively, ‘Suggestions’). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
Copyright Infringement; DMCA Policy.
If you believe that any materials on our Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Site or location in our Apps or other pertinent information that will help us to locate the material; (3) your name, address, telephone number and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that ‘under penalty of perjury,’ you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services is:
MTUSBIO Technology Co., Ltd
1 Lincoln Street
Boston, MA 02111
Phone:
Email:
Links to Third Party Sites.
Our Services may contain links to third party sites. These links are provided to you as a convenience, and we are not responsible for the content of any linked third party site. Any third party site accessed from our Website or App is independent from us, and we have no control over the content of that site. In addition, a link to any third party site does not imply that we endorse or accept any responsibility for the content or use of such site. Use of any third party site is subject to its terms of service and privacy policy. We request that you exercise caution and good judgment when using third party sites.
Providers of Third Party Platforms.
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Embark; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
Disclaimer.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services. OUR SERVICES, ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES, AND ALL PRODUCTS OR MERCHANDISE, INCLUDING DOG TAGS, ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING, WITHOUT LIMITATION, MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability.
Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription . Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. This limitation of liability applies fully to residents of New Jersey.
Services Performed by Other Companies
We may provide you with the opportunity to purchase services from companies other than MTUSBIO, including MTUSBIO branded services, which may or may not supplement the testing services directly provided by MTUSBIO. The use of these services will be subject to the terms and conditions of the company providing the services. Please read these terms carefully. We are not responsible for any such third-party services unless payment is processed by MTUSBIO. Any claims related to such payment processing are subject to these terms of service. Any other claims will first be subject to the terms and conditions of the company providing the services. If these terms and conditions do not apply, or do not include arbitration agreements, governing laws, or waiver of class action clauses (or if these terms are found to be unenforceable or inapplicable), then the terms of these service terms shall apply. You and MTUSBIO are also subject to the liability limitation clause in these Terms of Service.
Jurisdictional Issues.
We make no representation that information on our Services is appropriate or available for use outside the United States. Those who choose to access our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having any Content you provide, your Login Credentials and any personal information that you provide as part of the account creation process transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy posted through our Site from time to time.
Modifying and Terminating Service.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including, without limitation, making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.
Governing Law; Dispute Resolution.
These Terms, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 23 is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in Massachusetts or a federal court located in Massachusetts, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
Agreement to Arbitrate; Waiver of Class Action.
Except for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), or for items (1)-(3) set forth in Section 22, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Services, our products or merchandise, and/or our Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language, at a reasonably convenient location if conducted in person, under the applicable Commercial or Consumer Arbitration Rules of the American Arbitration Association (AAA), available at www.adr.org, and you and we hereby expressly waive trial by jury. You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties may each bear responsibility for the cost of the arbitration per the applicable AAA Rules or by any decision of the arbitrator upon motion or other application of a party. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms. Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class, group, collective, or representative proceeding. Neither you nor we will participate in a class, group, collective, or representative action or class-wide arbitration for any claims covered by these Terms, and the Arbitrator shall have the exclusive right to resolve any disagreement about whether any claim is covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class, group, collective, or representative proceeding. You may bring claims only on your own behalf. The arbitrator shall consequently have no jurisdiction or authority to compel or permit any class, collective, or representative action in arbitration, to consolidate different arbitration proceedings, or to join any other party to any arbitration. The arbitrator does not have authority to order a remedy that includes or results in the provision of additional benefits or monetary relief to other customers of Embark or issue any orders binding on Embark with respect to any customer other than the individual claimant. In the event a court of competent jurisdiction were to find any requirements in this paragraph to be unenforceable or invalid, then the entire Agreement to Arbitrate (Section 23) shall be rendered null and void in all respects as to the particular claim that is the subject of that court’s ruling. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal. this Arbitration section will survive the termination of your relationship with us.
Miscellaneous.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint ventures, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Minors.
Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. Children under the age of 18 may only use our Services with and under the supervision of a parent. In such a case, the parent is responsible for any and all activities of such minor. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at support@embarkvet.com and we will remove the account.
Invoicing Terms
MTUSBIO has the right to make its own decisions, and eligible customers can choose MTUSBIO to issue invoices for our products. In this case, eligible customers agree to pay the invoice amount in a timely manner. Unless otherwise agreed in writing by both parties, payment shall be made within 30 days after the invoice date. Despite any other MTUSBIO rights, if the customer fails to make payment on time, MTUSBIO reserves the right to charge interest on the outstanding amount at a rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lower. If MTUSBIO is required to file a legal lawsuit due to unpaid invoice amounts, the customer shall bear all costs incurred in collecting such amounts, including MTUSBIO's legal fees. MTUSBIO reserves the right to refuse to continue providing invoice payments to any customer, including those with outstanding balances or a history of overdue payments.
For Additional Information.
If you have any questions about these Terms, please contact us at: