No Use by Children Under 13; Age of Majority
This Website is not intended for the use by children under the age of 13. If you are under the age of 13, you must not access or use the Website.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law in your jurisdiction of residence to form a binding contract with SelfCollect. If you do not meet all of these requirements, you must not access or use the Website.
Your Use of the Website and Account Set-Up and Security
Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through the user’s internet connection are aware of these Terms and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website through the user’s internet connection.
The Website including content or areas of the Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying or scraping any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.
By providing your electronic contact information to SelfCollect, you consent to receiving service communications from SelfCollect or its agents electronically, including the results of testing, either by text message (SMS) or by email, and you agree that SelfCollect may electronically sent to you directly the results of laboratory tests performed on samples that you have submitted. By selecting text message (SMS) notifications, standard charges per your wireless carrier may apply. SelfCollect, LLC is not responsible for these charges.
If you have created an account on the Website, you may login privately to a secure portal to view the results of testing on samples that you have submitted. It is your responsibility to maintain the confidentiality of your account, password or PIN and for restricting access to your computer or device (including any mobile device at which you receive text messages). You are responsible for all activities that occur under your account, password or PIN.
You agree that all disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
If you wish to receive any electronic marketing communications from SelfCollect, at the time you create an account on the Website, you may sign up for our mailing list.
User Representations and Warranties
By using this Website, you represent and warrant to SelfCollect that you have read these Terms and that you comprehend, understand, will comply with, consent to, and agree with the following statements, requirements and conditions in order to use this Website and all services available through the Website from SelfCollect:
- It is your sole responsibility, if necessary, to obtain advice, diagnosis, and/or treatment from a qualified healthcare provider based on the results of this testing and other related circumstances or possible pre-existing conditions.
- If you receive a positive result (that is, not negative, and not indeterminate), it is your sole responsibility to seek a qualified health care provider immediately for advice and treatment, if necessary. You and no other persons associated with you have any expectations of receiving any medical care, treatment, or follow up from SelfCollect.
- When providing personal requested information to this website under any circumstance, you are being truthful, accurate and that any and all mail-in kits that you purchase and their contents will only be used by you for your own personal use.
- SelfCollect does not test for HIV (human immunodeficiency virus) at this time.
- If you decide to check-out anonymously, your name will not and cannot appear on the results page and SelfCollect will not be able to place your name on the results page even upon your subsequent request. You also understand that a medical professional may not accept the results without a name appearing on the report.
- SelfCollect reserves the right to refuse provision of kits and testing service, to eliminate or terminate accounts, modify content, or cancel requests in its sole discretion.
- This Website represents a previsionary source for individuals who request testing but neither the Website nor its owners provide medical therapy. You understand that SelfCollect is not a medical practice and does not provide interpretive medical advice, clinical diagnoses, or recommend treatment. It is your responsibility to seek interpretive medical advice, clinical diagnoses, or recommended treatment from qualified healthcare providers who understand your specific circumstances.
- You understand and clearly comprehend that SelfCollect’s association with you will not extend beyond the scope of the testing in consideration and is limited to the electronic provision of testing results.
- You understand that every effort will be made to have your testing results returned to you in a timely manner after at home collected specimens are received for processing. You understand that at times the results may be delayed or repeated and/or a repeat sample may be necessary if the sample is indeterminate.
- Notification of availability of your results will take place in a reasonably timely manner assuming no unexpected delays in receiving or processing the samples. You understand that if you have not been notified about your results, you cannot assume that the test results were negative, indeterminate or positive. It is your responsibility to email customer support at info@SelfCollect.com for instructions about receiving your results should there be any question.
- You understand that you will be tested only for the tests that you select and from the body sites that you select and purchase, and that you will not be tested for every possible STD/STI or body site. You also understand that testing one body site does not imply or verify that other body sites are comparably positive, negative or indeterminate for the same test analyte.
- Because there is a certain latent period after exposure to STD/STIS but before the test results will be positive or before symptoms arise, you understand the need for repeat or multiple testing at periodic intervals ranging from monthly to annually when latent infections may be present but are asymptomatic. At times a person could be infected with an STD/STI and the test be negative (false negative) or the person could be free of the condition (STD/STI) and the test be positive (false positive). These events are rare but well established in laboratory testing. The only remedy is repeat testing either with the same or another test method.
- Some states have regulations that require laboratories to report certain STDs and/or other infectious diseases along with whatever demographic information is available. You understand that the Website will protect your privacy and the security of all of your personal health information as defined by HIPAA (Health Insurance Portability And Accountability Act of 1996) and the American Recovery And Reinvestment Act of 2009 and comparable laws in other jurisdictions.
- By accepting the test results ordered from SelfCollect.com, you voluntarily assume any risks associated with the collection and screening process. In addition you hereby release, indemnify and hold harmless the laboratory performing the testing and any other persons or entities associated with this collection and screening process from any and all claims, rights and causes of action arising from any real or perceived adverse effects or consequences in any way connected with the collection, testing, and reporting of test results or services provided.
- The test results, provided by SelfCollect.com, have been generated using double stranded DNA Nucleic Acid Amplification Techniques (NAAT) and performance characterists of this test were determined by West Coast Pathology Laboratories. Some testing methodologies used may not be cleared by the US Food and Drug Adminstration (FDA). The FDA does not require certain tests to go through premarket FDA review. This test is used for clinical purposes. It should not be regarded as investigational or for research. This laboratory is certified under Clinical Laboratory Improvements Amendments (CLIA) as qualified to perform high complexity clinical laboratory testing.
- You understand that it may be necessary for you to seek care from a qualified health care provider and/or to seek further information or counseling of any form if needed. You understand that there is extensive and ample information available for me to review about all STDS/STIS at various web sites including the following:
- Centers for Disease Control and Prevention (CDC) website at http://www.cdc.gov
- the American Social Health Association at http://www.ashstd.org
- The testing that you have personally and voluntarily chosen may reveal a treatable bacterial infection requiring treatment by a qualified health care provider. In certain states, and under certain circumstances, treatment such as Expedited Partner Therapy (as defined by the CDC) may be extended or offered by a qualified health care provider to your partner/partners.
- You understand that the results of this testing and all associated collection materials including written materials are for informational purposes and not a substitute for medical care or examination, treatment, or follow-up.
- We do not email your test results to you. Your test results will be available to you on line only through the Website and it is your responsibility to either download, or print these results should you desire to retain a physical or electronic copy.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by SelfCollect, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The SelfCollect name, its trademarks, logos, and all related names, logos, product and service names, designs, images and slogans are trademarks of SelfCollect or its affiliates or licensors. You must not use such marks without the prior written permission of SelfCollect. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
- in the event you link through to any third party social media platforms through the Website, you are leaving the Website and any personal information that you may submit to these third party social media platforms is subject to their privacy policies.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by SelfCollect. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws.
Canadian Copyright Act
SelfCollect will respond appropriately to notices of alleged Canadian copyright infringement that comply with the Canadian Copyright Act (R.S.C., 1985, c. C-42) (the “Copyright Act”). If you own copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice that includes all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- A description and identification of the copyrighted work that you claim has been infringed or, if multiple copyright works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed as well as the date and time of the alleged infringement, with sufficient detail so that SelfCollect is capable of finding and verifying its existence;
- Contact information about the notifying party including address, telephone number and, if available, email address;
- A statement that the notifying party has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party.
If a bona fide infringement notification is received by SelfCollect, it is SelfCollect’s policy to (i) remove or disable access to the allegedly infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Website.
SelfCollect will only respond to Copyright Act Notices that it receives by email at the address below:
By email: firstname.lastname@example.org
Site Monitoring and Enforcement, Suspension and Termination
Commenting on any blogs offered on the Website is limited to registered users. All registered users are required to comply with SelfCollect’s Acceptable Use Policy.
You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material through the Website. Transmission of such material is a material breach of these Terms. We do not and cannot review every submission posted by users and are not responsible for, nor do we endorse such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by us or the administrators of this Website, in their sole discretion. Users remain solely responsible for the content of their submissions.
By submitting content to any area of this Website, you grant to SelfCollect and its affiliates a worldwide, royalty-free perpetual, irrevocable, transferable, nonexclusive right (including under any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public by telecommunication, perform, and display such content, in whole or in part, in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the license granted herein. You also authorize any user of this Website to access, display, view, store and reproduce such content for personal use.
SelfCollect has the right, without provision of notice to:
- Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website;
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS SELFCOLLECT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY SELFCOLLECT AND ANY OF THE FOREGOING ENTITIES RELATING TO ANY, INVESTIGATIONS BY EITHER SELFCOLLECT OR SUCH ENTITIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to you or any other person to monitor the Website or its use.
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and SelfCollect has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by SelfCollect, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of SelfCollect. SelfCollect is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
Risk of loss of any and all items purchased through this Website passes to the user upon SelfCollect’s delivery to the carrier. Title in items purchased from SelfCollect transfers to the user upon SelfCollect’s receipt of payment in full. SelfCollect offers free first class shipping options through the United States Postal Service (USPS). Users have the option upon check-out to pay for priority shipping through the USPS. However, neither SelfCollect nor the USPS can guarantee the expedited or overnight shipment of any sample collection kit due to the location of the mailing address, weather delays and/or any other circumstances that may delay shipping. (Please see "what is priority mail express?" at the following link: http://faq.USPS.com) For shipments outside of the United States, the user pays for shipping and additional tariffs and duties may apply.
SelfCollect cannot guarantee the efficiencies and errors of the United States Postal Service, the postal service or any other country, or of any courier or other common carrier. It is the user’s responsibility to track the user’s package and all tracking information will be provided by SelfCollect. If a shipment is not received by the user as indicated by the tracking information, the user can email orders@SelfCollect.com and one new package will be sent out to the user in good faith that the user did not actually receive the package; however, this is a one-time replacement; no additional packages will be sent.
Ordering test kits from SelfCollect.com requires shipping a SelfCollect at home collection kit to me. Consequently, I understand that I will be responsible for carefully following the instructions and returning the kit to SelfCollect for processing. You also understand that if you purchase an at home collecting kit but the sample that you return to SelfCollect is defective or is not an acceptable, adequate, or satisfactory sample to SelfCollect, no refunds will be made but, upon request, one new kit will be forwarded by USPS by 1st class mail (or other common carrier) to you for one additional repeat collection at no additional charge; however, this is a one-time replacement; no additional packages will be sent.
You acknowledge and agree that there is a 50% cancellation fee if you cancel after the kit has been shipped. If you do cancel prior to shipping, you will receive a 100% refund. Once testing has been complete, there are no refunds available.
Third Party Websites
For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.
Such links to third party sites from the Website, may include links to certain social media features that enable you to link or transmit on your own or using certain third party websites, certain limited content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party sites are subject to any additional terms and conditions we provide with respect to such features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms and any standards as we may prescribe from time to time. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
The owner of the Website is based in California in the United States. We provide this Website for use only by persons located in the United States and Canada. This Website is not intended for use in the European Union or in any jurisdiction where its use is not permitted. If you access the Website from outside the United States or Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Modifications to the Terms and to the Website
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.
I agree and understand that SelfCollect charges sales tax specific to the jurisdiction in which I reside. The sales tax policy can be reviewed at: http://taxcloud.net/salestaxpolicy/?m=7dzansxwae=
I understand that SelfCollect does not provide insurance billing services, nor does it provide any information regarding billing to insurance. However, I can take it upon myself to bill your medical insurance at your discretion.
In accepting these conditions of use for testing, I hereby certify and agree that I have read and understand this entire document, agreeing to all of the terms and conditions. This acceptance fully represents your consent for personally selecting, purchasing, collecting and initiating laboratory testing offered at SelfCollect.com and by SelfCollect.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IT IS YOUR RESPONSIBILITY TO REQUEST YOUR TEST RESULTS IN A TIMELY MANNER. SELFCOLLECT ASSUMES NO RESPONSIBILITY TO INFORM YOU, THROUGH ANY MEDIA, OF YOUR TEST RESULTS IF YOU HAVE NOT REQUESTED THEM, AND DISCLAIMS ANY AND ALL LIABILITY TO YOU AND ANY OTHER PERSON THAT MAY RESULT FROM YOUR FAILURE TO REQUEST YOUR TEST RESULTS IN A TIMELY MANNER.
THE CONTENT POSTED ON THIS WEBSITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DEFINITIVE STATEMENT CONCERNING THE MATTERS THEREIN ADDRESSED, OR AS ANY MEDICAL, PHARMACEUTICAL, THERAPEUTIC, OR OTHER PROFESSIONAL OR EXPERT ADVICE, AND SHOULD NOT BE RELIED UPON AS SUCH. IN NO WAY SHOULD SUCH CONTENT BE CONSTRUED AS A RECOMMENDATION OF, OR AS AN OFFER TO PURCHASE OR SELL, OR THE SOLICITATION OF AN OFFER TO PURCHASE OR SELL, ANY DRUG OR THERAPY. NOTHING CONTAINED IN THE PRODUCTS, SERVICES OR CONTENT AVAILABLE ON THIS WEBSITE OR ANY LINKED SITE IS INTENDED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
NEITHER SELFCOLLECT NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER SELFCOLLECT NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
UNDER NO CIRCUMSTANCE WILL SELFCOLLECT, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SelfCollect, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your use of any third party sites linked to this Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.
Governing Law and Jurisdiction
If you are resident in the United States the following applies:
- The Website and these Terms will be governed by and construed in accordance with all applicable federal laws and the state laws of California applicable therein, without giving effect to its choice or conflict of laws provisions, principles or rules.
If you are resident in Canada the following applies:
- The Website and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its choice or conflict of laws provisions, principles or rules.
- Any action or proceeding arising out of or relating to this Website and under these Terms will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.