TERMS OF SERVICE
Welcome to Testclear.com, an online store specializing in the sale of drug testing equipment and related supplies. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Testclear,” “Testclear.com,” “us,” “we,” and “our,” refer to us as a business, our website, Testclear.com, or our Service, as is appropriate in the context of the use of the words. Likewise, the words “you,” “user,” and “your” refer to you, the person who is being presented with this document for your agreement, though “User” may also refer to certain others as defined below.
2. Description of Service
Testclear sells a wide array of products that are associated with drug testing. These include drug testing kits, drug testing ID kits, detoxification products, and others. We target mainly people who need to find more about drug testing and can purchase products to assist them. Many parents also buy drug test kits to monitor their children, and our Drug Testing ID products are purchased by police departments from all over the United States.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Service” refers to the services that we provide through our Site, as well as the goods that we sell, including but not limited to our drug testing kits;
“Site” refers to our website, www.testclear.com;
“Testclear” refers to our business entity, our Site, or our Service, depending on the context of the usage;
“User” refers to you, other customers, end users of our product, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Testclear.
4. Information Supplied
When you sign up for our Service or purchase our products, you will be asked for certain information, including your name, e-mail address, mailing address, credit or debit card information, and telephone number.
Some of this information—particularly credit or debit card payment information—may be transmitted to a third party payment processor for payment processing, or we may process it ourselves.
Because our Service involves the actual sale of merchandise, we require that, in order for you to use our Service, you must be at least the minimum age of contractual capacity in the State of Washington, which is eighteen. If the jurisdiction in which you reside has a higher minimum age of contractual capacity than that of the State of Washington, then you must be at least that higher age in order to use our Service.
Although our testing kits are highly accurate, no tests that are conducted by anyone other than a qualified technician or medical doctor with equipment they deem suitable should be considered accurate. This is important because no test result should be construed as a statement by Testclear that a person has consumed drugs, illegally or otherwise, as we do not wish to defame anyone. It is also important because only trained personnel should be relied upon to determine workplace safety matters and other issues surrounding the potential use of drugs by a test subject.
Therefore, you acknowledge that Testclear makes no warranties as to the accuracy of its tests, and you agree to waive us for any damage, injury, or other loss that arises from or relates to this Agreement or our Service, even if we would otherwise be liable for such damage, injury, or other loss.
6. Maintenance of Website
We reserve the right to alter, update, or cancel our Service at any time. We may conduct such maintenance for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may engage in maintenance to fix security flaws, or respond to legal demands.
You agree that we are not liable in any way for any loss that may be incurred as a result of this maintenance or other downtime, including but not limited to a delay in fulfilling your order, even if we are aware of the potential for such a delay and do not inform you of it.
7. Rules of Conduct
When using our Service, you agree that you will not:
- Violate any provision of law applicable in the State of Washington or anywhere else in the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, its Users, Testclear, or the Service or Site that we provide.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Run any bots or other software to aggregate or browse our content.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Use our Service for fraud. For example, simply detoxifying your body to pass a drug test for a substance you have consumed in the last month may not be fraudulent, but if questioned by the employer as to whether you consumed the substance in the last month, answering in the negative in order to continue receiving employment from them would likely be fraudulent.
- Otherwise act in a manner which, at Testclear’s sole discretion, is objectionable.
8. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating content posted to our Site, even if such materials would otherwise be available for legal copying. Such copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data, but can also negatively impact our network capacity. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation.
“Testclear” is a trademark used by us, Testclear, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
We accept payments via credit cards, debit cards, and money orders. If an order is paid for with a money order, we will not ship the order until a) The money order is physically received by Testclear and; b) A reasonable amount of time, which shall be determined by Testclear or its chosen bank, has passed from the time the money order is cashed, to ensure that it is not fraudulent and will be honored by the bank named on the document.
We may use a third party payment processor to process any payments made to us via credit card or debit card. You agree that we are not responsible for any failure of such processors to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with the payment processor before we will supply the goods or services which you purchased from us.
Please note that chargebacks are only appropriate for certain disputes, such as non-delivery of ordered goods. Any use of fraudulent chargebacks simply to get our Service for free is strictly prohibited by law, and will be dealt with by reporting such chargebacks to the infringing User’s local police department and a credit bureau, as well as referring the matter to a court of competent jurisdiction.
Additionally, if you conduct a chargeback against Testclear, no matter what the reason, you agree that you are liable for the amount debited from Testclear. In other words, you agree that you will not conduct chargebacks in any circumstances, as you will be liable for the amount of the chargeback. Any disputes must be resolved solely according to the other provisions of this Agreement as they relate to dispute resolution.
To summarize our policy as to chargebacks:
- Fraudulent chargebacks will be reported to law enforcement agencies and we will seek compensation for them.
- Non-fraudulent chargebacks are a violation of the Forum of Dispute provisions of this Agreement and we will seek compensation for them.
We may provide coupons from time to time via an opt-in email distribution list. We may also offer quantity discounts. In both cases, we reserve the right to refuse orders, whether or not any expiry date attached to our offer has expired.
We may also sell gift certificates, in which case we will honor them only until an expiry date that we link to the gift certificate, whether or not the date is actually printed on the certificate.
In all cases, any coupons, discounts, certificates, or other offers, may be made by us electronically rather than in paper form.
These shipping conditions, including guarantees, apply under normal conditions, and are subject to all other parts of our Agreement including our limitations on liability and our “Force Majeure” section.
12.1 Normal Shipping
We use UPS as our primary shipping carrier. UPS offers 1 Day, 2 Day, 3 Day, and ground shipping.
UPS offers service guarantees for the continental United States (packages shipped to Alaska and Hawaii may require additional days).
We know the urgency of your package is very important to you and we will ship the package out promptly. Orders received by 4 p.m. Pacific time (7 p.m. Eastern Time) are guaranteed to be shipped the same day. It may be possible that orders placed between 4:01 p.m. and 5:00 p.m. will be shipped the same day as well, but you should contact Testclear’s online support or office to verify this.
Orders placed on Friday after 4:45 p.m. Pacific time will not ship until the following Monday. Saturday and Sunday are not considered shipping days for the purpose of transit.
12.2 Holiday Shipping
UPS observes a number of federal holidays and shipments processed or in transit during those holidays may incur a delay. Please call to confirm delivery time when placing orders before or during holidays. No shipping refunds (full or partial) will be granted if delivery is delayed during the observance of holidays.
To view the most recent list of UPS-observed holidays, please visit http://www.ups.com/content/us/en/resources/ship/imp_exp/operation.html
12.3 Refused Packages
If a customer rejects or refuses a package without authorization and it is re-routed to our warehouse, it will be rejected by our shipping department and UPS will declare the package as abandoned. In addition, if UPS assesses us with a return shipment fee for the package, you agree that you shall be liable to pay us that fee, as well as our reasonable attorneys’ fees, reasonable collections agency fees, costs, and disbursements in collecting it.
12.4 Incorrect Address and Re-Routed Packages
UPS charges a fee for rerouted packages. We reserve the right to charge a flat $11 fee for shipments that we must re-route due to customer error. In addition, the customer will not be eligible for any service guarantee refund.
12.5 International Orders
While we have shipped to many countries successfully, it is always the responsibility of the purchaser to be sure that they have the necessary paperwork to allow importation in their respective country. You agree that you will pay any customs handling fees, taxes, duties, UPS brokerage fees, and other expenses relating to your importation of our merchandise.
12.6 Lost Packages and Shortages
If your package is considered lost (either as a result of the tracking information stating that it has been delivered, or because the package is past the delivery guarantee time), we will contact UPS to request an investigation. This process can take up to seven days. If time is of the essence, we can reship another package to you for which you must also pay according to our normal payment terms. If UPS declares that the package is indeed lost, we will credit your account with the total cost of the lost first package. Under no circumstances will we offer any full or partial refunds for missing packages.
You must notify us within 5 days of receiving your order if there are any missing items.
As a general rule, we will not provide refunds for any products sold, whether used or unused by Users. We may, at our sole discretion, waive the application of this general rule in specific circumstances where we wish to do so—even if we do waive the application, it should not be construed as an obligation on our part to waive it again in the future, even if circumstances in the future are identical to the circumstances under which we waived the rule.
In all cases of refunds, shipping charges are non-refundable. Returns and exchanges, if permitted at our discretion, are limited to orders placed within the previous 30 days and require that the products not be opened and all seals remain intact, as unsealed products cannot be sold by us. All returns must be preauthorized by requiring a Return Merchandise Authorization Number.
In the event that we ship an incorrect or physically defective product we will accept a return or exchange and will provide a prepaid shipping label for the return. Should you choose to ship the item through means other than the method specified with the prepaid shipping label, we will not be liable for the cost of shipping the returned or exchanged item.
You must not use our Service to violate any sanctions, embargoes, or other commercial controls enforced by the United States, or do anything that would cause Testclear to be in violation of such controls. This means that if, for example, you would violate export controls by purchasing our products because you are the resident or citizen of a country subject to such controls, you must not purchase our products. Similarly, you must not resell or otherwise provide our products to any person you know or suspect to be in violation of such controls.
For a non-exclusive summary of United States export controls, please view the United States Department of Treasury’s “Sanctions Programs and Country Information” webpage at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
If you suspect a User is using our Service in violation of such controls, you must report the matter immediately to the Office of Foreign Assets Control at 1-800-540-6322 and to Testclear by e-mailing us with full details at firstname.lastname@example.org.
15. Revocation of Consent
Where Testclear has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use, even if it would cause an economic loss or other harm to you. Therefore, we do not recommend using our trademark or our copyrighted materials, even when authorized, unless done in a manner which would not cause hardship to you if you were required to cease using the materials.
16. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability for the actions of third parties posting to our Site or Service under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Copyright Agent
19340 NE Union Hill Rd
Redmond, WA 98053
If sending the notification by e-mail, an electronic signature is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY BEYOND THE AMOUNT HTAT YOU PAY FOR OUR SERVICE, THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FRAUDULENT OR NEGLIGENT REPRESENTATIONS MADE BY USERS USING OUR SERVICE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Site or Service (including defamation for wrongful allegations of drug use or fraud for using our drug kits to corroborate fraudulent claims by you that you have not used drugs within a certain period of time), or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of Washington. The offer and acceptance of this contract is deemed to have occurred in the State of Washington.
21.1 Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Washington. Specifically, you agree that you will bring any actions against Testclear solely within the Small Claims Court system of the State of Washington.
If your claim would otherwise be for an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree that you will bring a claim for the maximum amount over which the Small Claims Court has jurisdiction, which at the time of writing this Agreement is $5,000, and waive the right to collect any additional damages.
Additionally, you agree to waive the right to any remedies to which you might otherwise be entitled if a claim were brought outside of the Small Claims Court, including but not limited to equitable relief.
If a claim is not eligible to be heard by the Small Claims Court of the State of Washington, you agree to bring it in the next most simplified court process available within the State.
21.2 Consequences of Non-Compliance
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
22. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Testclear shall have the sole right to elect which provision remains in force.
We reserve all rights granted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
25. Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you in the event of an order cancellation will be limited to the amount you paid directly to us, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. For example, we may be required to assign our rights to a third party in the event of a sale of the rights to Testclear and its related services to a third party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and post the date that it was last modified. You must visit this page every time you visit our Site or place an order, and must agree to the amendments as a condition of your continued use of our Site and Service. You may refuse to agree to the amendments, but if you do, you must cease using our Site and Service immediately.
28. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Testclear.com must be addressed to our agent for notice and sent via certified mail to: Testclear, 19340 NE Union Hill Rd, Redmond, WA, 98053, United States.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Testclear has implemented an affiliate program for the sale of its products. You agree that your participation in the affiliate program is at Testclear’s sole discretion, and shall be governed by the rules established by Commission Junction. You may read more about this program at http://www.testclear.com/Affiliate_Pages-Main-W3C44.aspx
Last updated: July 11, 2012