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Welcome to lab40usa.com. LAB40 provides services to you on lab40usa.com subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on lab40usa.com and these terms and conditions at any time. By accessing or otherwise using lab40usa.comor the lab40usa.com mobile application you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.

USE OF LAB40

By using lab40usa.com and the lab40usa.com mobile application you represent and warrant that you are more than 18 years of age or are visiting lab40usa.com with the permission and supervision of a parent or guardian.

Subject to these Terms and Conditions, LAB40 hereby grants you a limited, revocable, non-exclusive license to access and use the lab40usa.comwebsite on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the LAB40 website unless expressly permitted by LAB40. LAB40 reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to lab40usa.com.

INTELLECTUAL PROPERTY RIGHTS

All graphics, images and content on the lab40usa.comwebsite, blog and mobile application belong exclusively to LAB40, or its affiliates. The use of any LAB40 trademarks or service marks without LAB40’s express written consent is strictly prohibited. You may not use LAB40’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit LAB40. In addition, you may not use any of LAB40’s trademarks or service marks in meta tags without LAB40’s explicit prior consent.

PRIVACY POLICY

Please review our Privacy Policy.

INTERNATIONAL ACCESS

Customers who access and use the lab40usa.com website from outside of the United States are responsible for complying with their local laws and regulations.

DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

CALIFORNIA RESIDENTS

No provisions in these Terms and Conditions should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility of Eminent, Inc. owed to consumers. All provisions of these Terms and Conditions, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to New Jersey consumers only to the fullest extent permitted by California law and in no event shall the waivers, disclaimers, or limitations on Eminent, Inc.’s liability exceed the limits allowable under the laws of the State of California.

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

ERRORS

Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.

OUTSIDE LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

LAB40 deeply respects the intellectual property of others. Please contact services@lab40usa.com if you believe that any content on lab40usa.com constitutes an infringement of your copyrights.

APPLICABLE LAW; DISPUTES; REMEDIES

The laws of the State of California will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to the lab40usa.com website or products purchased on lab40usa.com shall be submitted to confidential arbitration in Los Angeles, California, except in regards to issues regarding violations of LAB40’s intellectual property rights, which we may seek relief from in any state or federal court in the State of California. By using the lab40usa.comwebsite, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the state and federal courts of California.

By using lab40usa.com you agree that LAB40’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate. As such, LAB40 shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

SEVERABILITY

If any the provisions in these Terms of Use are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.

OUR ADDRESS

Please send any questions regarding these Terms of Use to:

1911 San Fernando Rd

Los Angeles, CA 90065

services@lab40usa.com