Terms and conditions
Welcome to New Era Drug Testing (“New Era Drug Testing”). When you access, browse and/or use this New Era Drug Testing website, including browsing any pages that comprise the website or any affiliated website owned or operated by New Era Drug Testing (collectively the “Site”), and/or order services through this Site, you are agreeing, on your own behalf and/or on behalf of any corporation or other legal entity that you represent, or on behalf of which you access the Site (your “Company”) to: (1) be bound by and comply with the terms and conditions of use stated below (these “Terms”); (2) to comply with all applicable laws and regulations that pertain to use of this Site.
IF YOU DO NOT AGREE TO BOUND BY THES TERMS AND ANY APPLICABLE LAW, OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU MAY NOT USE THIS WEBSITE.
If you are a party to a separate written agreement with New Era Drug Testing that pertains to the use of this Site (including information collected from or by the Site, or any services from offered by New Era Drug Testing) any conflict between these Terms and your written agreement will be controlled by the written agreement. Provisions that are in these Terms, but are not present in any written agreement does create a conflict – these terms would apply.
MODIFICATION OF TERMS AND CHNGES TO THE SITE
New Era Drug Testing reserves the right to and may change these Terms and/or the Site at any time and without any prior notice. Any change or modification to the Site and/or the Terms are effective immediately upon notice. We may give notice of any change by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your obligation to check the Terms for changes each time you use the Site and you should review these Terms often to stay informed of changes that may affect you. Each time you use this Site you are giving your ongoing and continuing agreement to be bound by these Terms, as they are amended from time to time. Each time you use the Site you are agreeing to be bound by the Terms then in effect (services previously rendered will be governed by the Terms in effect at the time the Service was ordered or rendered).
Modifications or changes to the Site or to any information contained on the site (e.g. text, data, databases, graphics, images, audio and/or visual clips), any software made available through the Site, and services and/or other materials within the Site are exclusive to and within the sole discretion of New Era Drug Testing.
LICENSE TO ACCESS AND USE SITE
You are being provided with a limited license to use this Site solely for the purpose of assessing the product and service offerings on the Site and placing orders for the products and services offered by the Website. You are not conveyed any right or license by implication, estoppel, or otherwise in, to or under and intellectual property rights of New Era Drug Testing or any of its licensors, or under a patent, trademark, copyright, or proprietary right of New Era Drug Testing or any third party. This Site and its content are intended for use by users located in the United States. If you are accessing this Site from outside of the United States we make no representation that the content is appropriate for your jurisdiction and you use the site at your own risk.
Without New Era Drug Testing’s express written consent you may not:
- Use any meta-tags or other “hidden text” utilizing New Era Drug Testing name or trademarks;
- Resell or make any other commercial use of this Site (or any portion thereof), or any of the content found on the Site;
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website);
- Remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site content;
- Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the Site content;
- Make a derivative use of the Site and/or any Site content; or
- Utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
You agree to abide by these Site Terms and not to use the products and services offered by New Era Drug Testing for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation.
If you make or permit any unauthorized use of this Site (or Site content) we reserve the right to terminate your use of this Site, and any such action may also violate applicable laws including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to terminate your use of this Site.
CONDITION OF USE
In connection with your access and use of the Site (or any person authorized by you to access and use the Site) you represent, warrant and agree as follows:
- All information that you provide to us true, accurate, and complete to the best of your knowledge and belief.
- New Era Drug Testing may, in its sole discretion, terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to:
- Unauthorized use of a username or password;
- Breach of an agreement between you and New Era Drug Testing (including these Terms).
- If your right to use the site is terminated you will not access the Site without our written approval and all limitations upon your use Site content will remain in full force and effect;
- You will not use the Site or any Site content for any unlawful purpose;
- You will not use the Site to post or transmit any material that contains any virus, Trojan horse, worms, time bomb, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- You will not interfere with or inhibit any other user of this Site from using or enjoying the Site;
- You will not use post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
- You will not post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
- You will not use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
DATA SUBMITTED TO THE SITE
All information you provide to us, in any form or manner (each, a “Submission”), you are authorizing New Era Drug Testing to copy the material as we deem appropriate in our sole discretion. For each and every Submission, you are granting (and you are representing and warranting that you have the right to grant) to New Era Drug Testing an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute each such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
For each Submission you represent that you have the necessary right and authority to disclose the information contained in the Submission. You are fully responsible for any information that you submit to New Era Drug Testing, and you for the legality, reliability, appropriateness, and originality thereof.
This Site and its layout and design, and all Site pages, themes and skins are the property of New Era Drug Testing and are protected by U.S. and international copyright laws. The content of the Site, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content”), constitutes the property of New Era Drug Testing or of those parties from whom New Era Drug Testing has licensed such property, and are protected by United States, international and other laws. New Era Drug Testing reserves all rights in and to this Website and the Site Content.
The trademarks of New Era Drug Testing and their respective designs and/or logos, are either trademarks or registered trademarks of New Era Drug Testing, may not be copied, imitated or used, in whole or in part, without our prior written permission.
Except as expressly stated in these Terms, none of the materials and intellectual property described herein 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 our prior written permission. Any use of Site Content – including any commercial use, reproduction for purposes other than as permitted under these Terms, modification, distribution, republication, display, or performance — without our prior written permission is strictly prohibited.
SECURITY & PRIVACY
New Era Drug Testing is committed to taking commercially reasonable measures to protect information transmitted to and from the Site, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for us to guarantee absolute confidentiality or security.
It is you responsibility to maintain the confidentiality any username and any password used in connection with your use of the Site and we will not be liable for any loss or damage arising from the unauthorized use of your username or password.
LINKS TO OTHER SITES AND/OR THIS SITE
If you link to our Site, you agree not to misrepresent your relationship with or present false or misleading impressions about New Era Drug Testing. You may not link to the Site in any manner that implies or suggests that we approve or endorse you, your website, or your goods and services (or those of your Company, if applicable). New Era Drug Testing accepts and will have no responsibility or liability for the content on your website. You may not use any trademark of New Era Drug Testing without our express permission and you may not place a link on your website to our Site (or any portion thereof)on a page that contains libelous, obscene, or criminal content, or content which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. We reserve the right, at any time and in our sole discretion, to require that you remove from your website any or all hyperlinks to the Site and you agree to immediately comply with any such request.
The use of this Site by you (and your Company, if applicable) is at your (and its) sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, NEW ERA DRUG TESTING AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL NEW ERA DRUG TESTING OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, (COLLECTIVELY, OUR “CONTRACTORS”), AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE OR THE CONTENT; (B) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.
UNDER NO CIRCUMSTANCES WILL NEW ERA DRUG TESTING OR IT CONTRACTORS BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE OR THE CONTENT, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE 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 LIABILITY OF NEW ERA DRUG TESTING AND THE CONTRACTORS WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF NEW ERA DRUG TESTING OR ANY OF THE CONTRACTORS IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.
You agree to defend and indemnify New Era Drug Testing , and our members, officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and New Era Drug Testing ; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
GOVERNING LAW & JURISDICTION
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, without resort or giving effect to conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Terms and/or your use of the Site shall be filed and adjudicated only in the federal or state courts located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Terms and or your use of the Site. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
- An electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of New Era Drug Testing’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
- Any provision of these Terms can be reasonably inferred to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
- These Terms do not confer any rights, remedies, or benefits upon any person other than you.
- We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign your obligations under these Terms without our prior written consent.
- Any waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
- If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.