TERMS AND CONDITIONS

Last Updated: November 30, 2023. Please check back periodically for updates or modifications.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

These Terms of Use (the “Terms of Use”) govern your access to and use of UnumLab LLC’s (“UnumLab”, “we”, “us”, or “our”) website, products, and sales.

 

 ACCEPTANCE OF TERMS

These Terms of Use constitute a binding contract between you and UnumLab. The services, features, functionality, materials and products (the “Services”) that UnumLab provides to you via this website are subject to the following Terms of Use.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

BY ACCESSING, BROWSING, DOWNLOADING, REGISTERING TO RECEIVE THE SITES OR THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE ANY PORTION OF THE SITES OR THE SERVICES.

 

 CHANGES TO THE TERMS OF USE

We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the revision date, on the Sites. We may give notice of such updates or modifications by any reasonable means, including by posting a revised version of these Terms of Use on the Sites. Your continued access or use of the Sites and/or the Services following any updates or modifications to these Terms of Use will constitute your acceptance of such changes. The “Last Updated” date above indicates when these Terms of Use were last updated or modified.

The version of these Terms of Use posted on our Sites on each respective date you visit the Sites will be the Terms of Use applicable to your access and use of the Sites and the Services on that date. Our electronically or otherwise properly stored copy of these Terms of Use shall be deemed to be the complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you visited the Sites.

 

 ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW; CLAIM LIMITATION

EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITES, THE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND UNUMLAB (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND UNUMLAB EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. 

Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this section.

 

The arbitration will be conducted in Rockingham County, New Hampshire before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Use. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. Unless you and UnumLab agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statue, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.

 

You and UnumLab will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs.

Notwithstanding the foregoing, nothing in these Terms of Use will preclude UnumLab from seeking any injunctive relief or other provisional remedy in a court of law. You agree to exclusive jurisdiction of the state and federal courts located in Rockingham County, New Hampshire for such claims, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.

These Terms of Use shall be governed by and construed under the laws of New Hampshire, without regard to conflict of laws, principles, or rules, and regardless of your location. 

Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Use, the Sites, the Services, or the Content must be commenced within one year after the cause of action arises.

 

 SUBMISSIONS

Any information, communications, or material of any type or nature that you submit to or post on the Sites or the Services (each, a “Submission”) is done at your own risk and without any expectation of privacy. You are fully responsible for all Submissions, which must comply with these Terms of Use. You hereby agree that by submitting or posting such Submissions, you hereby grant UnumLab  a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein). You hereby represent and warrant that you have the legal right to make such Submissions, and such Submissions do not contain confidential or proprietary content of any third party nor are you using such Submissions in violation of any law or contractual restriction. UnumLab reserves the right to monitor Submissions as it deems appropriate and to remove any Submissions posted on the Sites for any reason in its sole discretion.

 

 Electronic Communications

When you use the Sites, the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites and/or the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

 

 DISCLAIMERS OF WARRANTY

The information and materials available through the Sites are for informational and educational purposes only. You acknowledge and agree that your use of the Sites is at your own risk.

THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

UNUMLAB DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT ARE ACCURATE, CURRENT, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SITES, THE SERVICES, OR THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS OR THAT THEY WILL OTHERWISE MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICES, OR THE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES, THE SERVICES, OR THE CONTENT.  

FURTHER, UNUMLAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT. UNUMLAB SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITES OR THE SERVICES.

 

 LIMITATION OF LIABILITY

IN NO EVENT SHALL UNUMLAB, ITS CONTRACTORS, SUPPLIERS, LICENSORS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “UNUMLAB PARTIES”), BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT; (B) THE SECURITY THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT; (C) THE USE, COPYING, OR DISPLAY OF THE SITES, THE SERVICES, THE CONTENT, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITES, THE SERVICES, OR THE CONTENT OVER THE INTERNET; (D) UNUMLAB’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF SITES, THE SERVICES, THE CONTENT, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT.

UNDER NO CIRCUMSTANCES SHALL ANY OF THE UNUMLAB PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F), OR ANY OTHER CAUSE BEYOND THE CONTROL OF UNUMLAB, EVEN IF UNUMLAB WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF UNUMLAB PARTIES, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE UNUMLAB PARTIES IS FOUND LIABLE TO YOU AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, THE SERVICES, THE PRODUCTS, THE MATERIALS AND THE CONTENT, THE UNUMLAB PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

 

 INDEMNIFICATION

You agree to indemnify, defend and hold the UnumLab Parties harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of: (a) content, data, or information that you submit, post to, or transmit through the Sites or the Services (including Submissions), (b) your access to and use of the Sites, the Services, and the Content, (c) your violation of these Terms of Use, or (d) your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

 

 LINKED WEBSITES

Certain hyperlinks may be provided on the Sites that link to other websites or social media platforms which are not under the control of UnumLab (the “Linked Websites”). UnumLab does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. UnumLab disclaims all liability arising in connection with such Linked Websites, and makes no representations or warranties with respect to any products or services made available through any Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.

 

 DISCLAIMER OF THIRD PARTY INFORMATION

To the extent that any information, material, or functionality on the Sites or the Services  is provided by third party content providers (“Third Party Materials”), UnumLab has no responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. UnumLab does not represent or endorse the accuracy or reliability of any information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with UnumLab.

 

GENERAL

These Terms of Use constitute the entire agreement with respect to your access to and use of the Sites and the Services. You agree that you shall not contest the admissibility or enforceability of UnumLab’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by UnumLab shall not be deemed to be a waiver of any other provision of these Terms of Use. Any rights not expressly granted herein are reserved.