Your Use of this Website
Your use of the Website confirms your acceptance of the Terms and your agreement to be bound by them. If you do not accept these Terms, do not use the Website. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website at any time, for any reason, and without prior notice to you.
We may, in our sole discretion, revise these Terms from time to time. Changes to these Terms are effective at the time they are posted and your continued use of our Website after posting will constitute acceptance of, and agreement to be bound by, those changes. You should review these Terms every time you use this Website, as they are binding on you. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the Terms as revised.
Our Products and Services
The services we provide are for research, medical, informational, and educational use only. ClueJay does not interpret test results, diagnose, or provide treatment for any condition, diseases, or state of health. We encourage you to speak with a veterinarian regarding the meaning of the lab test results you may receive or any medical questions that arise from your use of our services. All features, specifications, products, and prices of our products and services described on this Website are subject to change at any time without notice. There may occasionally be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order of any product and/or refuse service to any customer.
Intellectual Property Rights
Our Website contains valuable trademarks owned and used by the Company. We do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, and wordmarks. No license for the use of our trademarks is granted to you under these Terms or by your use of the Website. Unauthorized use of our trademarks in any manner is strictly prohibited.
You will need to create an account to place orders, to have access to all parts of the Website, and to analyze your results. In creating an account, you represent and warrant that: (a) all required account information you submit is truthful and accurate, and (b) you will maintain the accuracy of such account information. You are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Website using your account information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. To be eligible to create an account, you must be age 18 years or older.
Comments, Feedback, and Other Communications
License to Use
Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, revocable license to use the Website for your personal non-commercial purposes and in a manner enabled by us. This limited license allows you to download copies of your materials on our Website for personal non-commercial transitory viewing only. This is a grant of license, not a transfer of title, and under this license you may not (i) use the materials for any commercial purpose or for any public display, (ii) attempt to decompile or reverse engineer any software contained on our Website, or (iii) remove any copyright or other proprietary notations from the materials.
This license shall automatically be revoked if you violate any of these restrictions and may be revoked by the Company at any time.
Prohibited Uses of Website
You shall not post, transmit, redistribute, upload, or promote any communications, user-generated content, or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us and our affiliates; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Offer to Purchase
Each part of an order that you submit to us constitutes an offer to make a purchase. All orders must be made electronically or by telephone and are subject to our acceptance, in whole or part, in our sole discretion.
Product and Pricing Information or Changes
We strive to provide the most accurate and up-to-date representations of our products on our Website. We take reasonable steps to ensure that pricing, product descriptions, promotions, offers, availability, and other aspects not enumerated are correct at the time the relevant information is entered into the system. However, occasionally, our Website may contain typographical errors, inaccuracies, or omissions that may relate to pricing and other aspects of products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our Website.
We will only accept payment by credit or debit card or through our optional installment plan. When you pay for an order, we reserve the right to request additional evidence of your billing information. Any such applicable taxes, including state and local taxes, will be paid by Customer. Further, unless otherwise stated, all permits, licenses, or authorizations necessary for the use of the Products will be obtained by Customer at its sole expense.
Some orders cannot be processed due to erroneous information that you have provided, which includes but is not limited to:
- Incorrect credit card or debit card number, expiration date, and/or security value
- Incorrect billing information
- Insufficient or incorrect information regarding your shipping address
- Suspected fraudulent information
Unless otherwise authorized by the Company, you will have three options for shipping upon checkout. Charges for shipping and handling will depend on the shipping service selected. Shipping by USPS First Class is available to you at no additional cost. Expedited shipping by USPS Priority Mail or USPS Priority Mail Express is available at an additional cost. When you place an order, estimated shipping costs will be provided. If you choose to purchase our products from another online seller such as Amazon, Chewy, or PetSmart, the shipping terms of that online seller will apply.
When you buy a collection kit from the Company, we will send you a prepaid box to return your pet’s sample to our lab. Shipping expediency will depend on the type of test requested. You may choose to mail your pet’s sample back to us more quickly at your own cost.
Under most circumstances, test kit orders and lab activations cannot be cancelled. Once test kits are digitally assigned to a customer through an order or lab activation, they cannot be repurposed. You can request a test kit order or lab activation cancellation by calling 1-833-PET-TEST, emailing email@example.com, or by online chat at ClueJay.com, however, we do not guarantee that any test kit order or lab activation can be cancelled.
Limitation of Liability
You acknowledge and agree that, to the fullest extent provided by applicable law, we will not be liable to you or to any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website. To the fullest extent provided by applicable law, this limitation of liability applies to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss. Subject to the foregoing, to the fullest extent provided by applicable law, we will not be liable to you for any damages in excess of $250.00.
While we exercise reasonable efforts to ensure the accuracy of information on our Website and accessible through our services, you acknowledge and agree that your use of the Website or our services, and your reliance upon any data, information, or results accessed using the Website or services, is at your own risk. This Website and all content of the Website are provided to our customers and prospective customers “as is” and “as available” and without any warranties of any kind, whether express or implied, including but not limited to those of merchantability, fitness for a particular purpose, title, or noninfringement. You acknowledge by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
You agree to defend and hold the Company, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your use of our services, your violation of any rights of another, or your violation of any of these Terms.
Social Media Policy
Governing Law, Arbitration, and Waiver of Class Actions
The laws of the State of Colorado (excluding any principles of conflicts of laws) govern your use of the Website, our services, and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Colorado under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to the access to, or use of, the Website including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Colorado.
Whether in arbitration or court, you waive the right to prosecute or participate in class action, collective action, or other representative action. You may seek relief only on behalf of yourself and only to the extent necessary to remedy your individual claim. This class action waiver is a material and essential part of and cannot be severed from this provision.
Please contact us with any questions you have. If you would like to contact us, please call 1-833-PET-TEST (738-8378) or send us an email at firstname.lastname@example.org.