Client Services Terms and Conditions
By using the Green Scientific Lab services, you, the Client, agrees to the following:
1. Client Representations: Client represents, warrants, and covenants that it will not, nor does it intend to, use the services under this Agreement (including the publication of the test results on the Site) to (a) violate or infringe in any way the rights of others; (b) commit a harm or other tort, whether intentional or otherwise; or (c) commit a crime involving moral turpitude.
2. Sample Integrity Disclaimer: Sample taking procedures are made available to protect the integrity of the sample and to assure accurate test results. Test results are specific to the samples provided/tested. The accuracy and reliability of the results is strictly dependent on how well procedures for providing samples are followed. Green Scientific Labs (“GSL”) will discontinue all business relations with providers without refund if sample fraud is determined.
3. Disclaimer of Warranties:
GSL makes no warranty or representation, whether express or implied, in connection with the publication of the test results, including, without limitation, that the Site will run uninterrupted or error free; that Client may obtain certain financial results from the publication of the test results on the Site; any implied warranties of merchantability or fitness for a particular purpose; or any other warranties.
4. Limitations of Liability:
In the event of any error, omission, or other negligence, the sole and exclusive responsibility of GSL shall be to re-perform the deficient work at its own expense and GSL shall have no other liability whatsoever. All claims shall be deemed waived unless made in writing and received by GSL within ninety (90) days following completion of services. Neither GSL nor any GSL Affiliated Party shall have any liability, obligation, or responsibility of any kind for losses, costs, expenses or other damages (including but not limited to any special, direct, incidental or consequential damages) with respect to the services provided under this Agreement, any test results, or the publication of any test results on the Third Party Site.
All results provided by GSL are strictly for the use of Client. Neither GSL nor any GSL Affiliated Party is in any way responsible for the use of such results by any third parties. All results should be considered in their entirety, and neither GSL nor any GSL Affiliated Party is responsible for the separation, detachment, or other use of any portion of these results.
Client agrees to defend, indemnify, and hold harmless GSL and any GSL Affiliated Party, their officers, directors, employees, and agents from and against any claims, actions, or demands (including without limitation reasonable attorneys’ fees and costs) alleging or resulting from Client’s breach of any of the terms, warranties, representations, or covenants contained in this agreement.
6. Miscellaneous Terms and Conditions:
6.2. Notices. All notices, demands, requests, or other communications which may be or are required to be given or made to GSL shall be in writing and shall be hand delivered, received by first-class registered or certified mail, return receipt requested, postage prepaid, or delivered by overnight air courier addressed to the corporate address of GSL found on the website, c/o General Counsel.
6.3. Governing Law and Jurisdiction. The interpretation and construction of this Agreement, to the extent the particular issue is controlled by state law, shall be governed by and construed in accordance with the Laws (but not including choice of law provisions) of the State of Florida. The state and federal courts located in Broward County, FL shall have exclusive jurisdiction to adjudicate all disputes between the parties concerning the
subject matter hereof.
6.4 WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF ANY PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THESE TERMS AND CONDITIONS.
6.5 Unenforceability/Waiver: The invalidity or unenforceability in whole or in part of any provision, term, or condition hereof shall not affect in any way the validity or enforceability of the remainder of the terms and conditions of this agreement. No waiver by GSL of any provision, term, or condition hereof or of any breach by or obligation of the Client hereunder shall constitute a waiver of such provision, term, or condition on any other occasion or a waiver of any other breach by or obligation of the Client.
6.6 Headings: The section headings in this agreement are convenient reference only, and shall not in any way affect the meaning or interpretation of this agreement.
6.7 Modification: No provision of this agreement may be amended, modified, or waived except by a written instrument signed by both parties.
6.8 Construction of Terms: No provision of these Terms and Conditions shall be construed against any party merely because that party or counsel drafted or revised the provision in question. These Terms and Conditions will be deemed to be jointly prepared by the parties and therefore any ambiguity or uncertainty shall be interpreted accordingly. Should suit be brought to enforce or interpret any part of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
6.9 Force Majeure: GSL shall have no responsibility nor liability to the Client for any failure or delay in performance by GSL which results in whole or in part from any cause or circumstance beyond the reasonable control of GSL. Such causes and circumstances shall include, but not limited to, acts of God, acts of orders of any government authority, strikes or other labor disputes, natural disasters, accidents, wars, civil disturbances, difficulties or delays in transportation, mail or delivery services, inability to obtain sufficient services or supplies from GSL’s usual suppliers, or any other cause beyond GSL’s reasonable control.