MySimplePetLab Inc., a Delaware limited liability company (“MySimplePetLab,” “we,” “us,” or “our”) offers the website www.mysimplepetlab.com (our “Website”), including its content and site functionality, and related media and services that are or may become available through Website to you, the user, subject to these Terms of Use (these “Terms”) and our Privacy Policy.

By accessing and using the Website you agree to be legally bound by these Terms and the Privacy Policy. The Privacy Policy is incorporated into and made part of these Terms by reference.

PLEASE READ THESE TERMS AND THE PRIVACY POLICY CAREFULLY. THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY REGARDING YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.

Your Use of this Website

Your use of the Website confirms your acceptance of the Terms and your agreement to be bound by them. If you do not accept these Terms, do not use the Website. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website at any time, for any reason, and without prior notice to you. 

We may, in our sole discretion, revise these Terms from time to time. Changes to these Terms are effective at the time they are posted and your continued use of our Website after posting will constitute acceptance of, and agreement to be bound by, those changes. You should review these Terms periodically, especially if we have made changes. Your use of this Website following any such changes constitutes your agreement to follow and be bound by the Terms as revised.

Our Products and Services

The products, services, and information provided via the Website are only for your personal pet care use. MySimplePetLab does not interpret test results, diagnose, or provide treatment for any condition, diseases, or state of health. We encourage you to consult with a veterinarian regarding the meaning of the lab test results you may receive or any veterinary questions that arise from your use of our services. All features, specifications, products, and prices of our products and services described on this Website are subject to change at any time without notice. There may occasionally be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or timeliness of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order of any product and/or refuse service to any customer. 

No Resale or Export

Our products and services are not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.

Intellectual Property Rights

MySimplePetLab retains all ownership and intellectual property rights to the Website. You only have the access and usage rights to the Website as expressly provided by these Terms. MySimplePetLab may use any technology, ideas, concepts, know-how, methods, and techniques related to the Website that MySimplePetLab learns from Customers or Users unless MySimplePetLab specifically agrees otherwise. Nothing in these Terms shall be construed to prevent MySimplePetLab from developing, marketing, selling, or licensing products or services that may include the same or similar functionality to the Website.

Trademarks

The term “MySimplePetLab” is a trademark of MySimplePetLab. All other names, logos, product and service names, designs and slogans used on or appearing on the Website are the trademarks of their respective owners. You may not use any trademarks of MySimplePetLab or its licensors without the prior written permission of MySimplePetLab.

Account Information

You will need to create an account to place orders, to have access to all parts of the Website, and to analyze your test results.  In creating an account, you represent and warrant that: (a) all required account information you submit is truthful and accurate, and (b) you will maintain the accuracy of such account information. You are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Website using your account information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. To be eligible to create an account, you must be (a) age 18 years or older; and (b) not be prohibited from accessing or using this Website or any of its content, goods or services by applicable law.

Comments, Feedback, and Other Communications

All comments, feedback, suggestions, ideas, and other communications submitted or offered on the Website, through email, phone support, text message, or any other form of contact with us, shall be and remain property of MySimplePetLab. We shall be free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever. Any personally identifiable information you provide to us through the Website shall be subject to our Privacy Policy.

License to Use

Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, revocable license to use the Website for your personal non-commercial purposes and in a manner enabled by us. This limited license allows you to download copies of your materials on our Website for personal non-commercial transitory viewing only. This is a grant of license, not a transfer of title, and under this license you may not (i) use the materials for any commercial purpose or for any public display, (ii) attempt to decompile or reverse engineer any software contained on our Website, or (iii) remove any copyright or other proprietary notations from the materials.

This license shall automatically be revoked if you violate any of these restrictions and may be revoked by the Company at any time. 

License to Use; Restrictions

Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, revocable license to use the Website for your personal non-commercial purposes and in a manner enabled by us. This limited license allows you to download copies of your materials on our Website for personal non-commercial transitory viewing only. This is a grant of license, not a transfer of title.

You may not attempt to access or use the Website in any way other than through the standard interface. You may not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Website available to any third party. Except for Website components, tools, or interfaces provided by MySimplePetLab, you may not use another software program or other technology to interoperate with, extract data or content, or scrape or frame any data or content from the Website. You may not attempt to copy or create derivative works based on the Website, either on its own or through any third party. You may not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer the Website.

You are prohibited from interfering with or disrupting the performance of the Website. You may not attempt to gain unauthorized access to any data stored in the Website.

You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Website, including any screens displayed by it.

You shall not post, transmit, redistribute, upload, or promote any communications, user-generated content, or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us and our affiliates; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.

MySimplePetLab reserves the right to terminate your access to and use of the Website immediately and without prior notice if the You violates the foregoing restrictions on use or otherwise violates these Terms or the Additional Agreements.

Offer to Purchase 

Each part of an order that you submit to us constitutes an offer to make a purchase. All orders must be made electronically and are subject to our acceptance, in whole or part, in our sole discretion.

Product and Pricing Information or Changes

We strive to provide the most accurate and up-to-date representations of our products on our Website. We take reasonable steps to ensure that pricing, product descriptions, promotions, offers, availability, and other aspects not enumerated are correct at the time the relevant information is entered into the system. However, occasionally, our Website may contain typographical errors, inaccuracies, or omissions that may relate to pricing and other aspects of products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our Website. 

Payment Terms

We will only accept payment by credit or debit card or through our optional installment plan. When you pay for an order, we reserve the right to request additional evidence of your billing information. Any such applicable taxes, including state and local taxes, will be paid by Customer. Further, unless otherwise stated, all permits, licenses, or authorizations necessary for the use of the Products will be obtained by Customer at its sole expense.

Some orders cannot be processed due to erroneous information and other potential issues, which includes but is not limited to:

Incorrect credit card or debit card information

Incorrect billing information

Insufficient or incorrect information regarding your shipping address

Suspected fraudulent information

Shipping

Unless otherwise authorized by MySimplePetLab, you will have three options for shipping upon checkout. Charges for shipping and handling will depend on the shipping service selected. Shipping by USPS First Class is available to you at no additional cost. Expedited shipping by USPS Priority Mail or USPS Priority Mail Express is available at an additional cost. When you place an order, estimated shipping costs will be provided. If you choose to purchase our products from one of our authorized online resellers,, the shipping terms of that online seller will apply.

When you buy a collection kit from MySimplePetLab, we will send you a prepaid envelope or box to return your pet’s sample to our lab. Shipping expediency will depend on the type of test requested. You may choose to mail your pet’s sample back to us more quickly at your own cost. 

Cancellations

Under most circumstances, test kit orders and lab activations cannot be canceled. Once test kits are digitally assigned to a customer through an order or lab activation, they cannot be repurposed. You can request a test kit order or lab activation cancellation by calling 1-833-PET-TEST, emailing Hello@MySimplePetLab.com, or by online chat at MySimplePetLab.com, however, we do not guarantee that any test kit order or lab activation can be canceled. 

Limitation of Liability

You acknowledge and agree that, to the fullest extent provided by applicable law, we will not be liable to you or to any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website. To the fullest extent provided by applicable law, this limitation of liability applies to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss. Subject to the foregoing, to the fullest extent provided by applicable law, we will not be liable to you for any damages in excess of $250.00. 

Disclaimer

While we exercise reasonable efforts to ensure the accuracy of information on our Website and accessible through our services, you acknowledge and agree that your use of the Website or our services, and your reliance upon any data, information, or results accessed using the Website or services, is at your own risk.

THIS WEBSITE AND ALL CONTENT AND ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) TITLE; OR (D) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Indemnity

You agree to defend and hold MySimplePetLab, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website, your use of our services, your violation of any rights of another, or your violation of any of these Terms. 

Social Media Policy

Any content you post to social medial platforms is subject to the data handling practices of each social media platform, as described in their respective terms and privacy policy, which you should read before posting content. 

General

The laws of the State of Colorado (excluding any principles of conflicts of laws) govern your use of the Website, our services, and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Colorado under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to the access to, or use of, the Website including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Colorado.

Whether in arbitration or court, you waive the right to prosecute or participate in class action, collective action, or other representative action. You may seek relief only on behalf of yourself and only to the extent necessary to remedy your individual claim. This class action waiver is a material and essential part of and cannot be severed from this provision.

You may not assign or otherwise transfer their rights under these Terms without MySimplePetLab’s prior written consent, which consent may be withheld for any reason in MySimplePetLab’s sole discretion. MySimplePetLab may freely assign MySimplePetLab’s rights and obligations under these Terms to any third party as MySimplePetLab determines in its sole business discretion.

These Terms are binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.

Any waiver or failure by MySimplePetLab to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.

These Terms state MySimplePetLab’s entire agreement with you concerning the access to and use of the Website.

Contact Us

Questions, comments or concerns about these Terms of Use and related matters may be sent to MySimplePetLab using the following contact information:

            Email: hello@mysimplepetlab.com

            Telephone: 833-PET-TEST (833-738-8378)