Terms and Conditions of Use
By using the Laboratory424.com site you hereby agree to the following terms and conditions. If you do not agree to all of these terms, you may not use the Laboratory424.com site for any purpose whatsoever.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use at any time. It is your responsibility to check these Terms and Conditions of Use periodically for changes. Your continued use of our Site following the posting of changes, constitutes acceptance of, and agreement to, the changes.
Copyright. The entire compilation of all content on this site is the property of Laboratory 424, LLC and protected by United States and international copyright laws. In addition, certain graphics on this site may also be copyrighted by third-parties. No reuse may be made of any of the contents of this site without the express written permission of Laboratory 424, LLC.
Any content we submit to other sites including, but not limited to, cafepress.com, flickr.com and instructables.com is property of Laboratory 424, and protected by United States and international copyright laws unless otherwise noted in the other sites Terms and Conditions of Use.
Proprietary Rights. You agree that Laboratory 424, LLC, shall retain all right, title and interest (including copyright and other proprietary or intellectual property rights) in the plans set forth on this web site and all legally protectable elements, or derivative works thereto.
Tradmarks. The mark “Laboratory 424” is a trademark of Laboratory 424, LLC. All product names on this site are trademarks of their respective owners. All rights in and to such trademarks are reserved.
Assumption of Risk/Hold Harmless. IN CONSIDERATION FOR BEING ALLOWED TO USE LABORATORY 424'S WEB SITE YOU PERSONALLY ASSUME ALL RISKS IN CONNECTION WITH YOUR USE OF THIS WEB SITE AND THE USE OF THE ITEMS THAT CAN BE CONSTRUCTED FROM THE USE OF THIS WEB SITE FOR ANY AND ALL HARM, INJURY OR DAMAGE THAT YOU MAY INCUR, INCLUDING ALL RISKS CONNECTED THEREWITH, WHETHER FORESEEN OR UNFORESEEN.
YOU UNDERSTAND AND AGREE THAT NEITHER LABORATORY 424, LLC, ITS EMPLOYEES, OR ITS PARTNERING AGENCIES MAY BE HELD LIABLE IN ANY WAY FOR ANY OCCURRENCE IN CONNECTION WITH YOUR USE OF THIS WEB SITE THAT MAY RESULT IN INJURY, DEATH OR OTHER DAMAGES TO YOU, YOUR FAMILY, HEIRS, OR ASSIGNS AND YOU AGREE TO HOLD HARMLESS LABORATORY 424, LLC, ITS EMPLOYEES AND ITS PARTNERING AGENCIES FROM ANY CLAIM BY YOU, OR YOUR FAMILY, ESTATE, HEIRS, OR ASSIGNS, ARISING OUT OF YOUR USE OF THIS WEB SITE.
Disclaimer of Waranties.
Information on this web site is reasonably believed to be correct. Nevertheless, it may contain technical inaccuracies or typographical errors. Further, information may be changed or updated without notice. Laboratory 424 may also make improvements and/or changes in the products and/or the services described in this information at any time without notice. THE DATA PROVIDED ON THIS WEB SITE AND RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS FOR INFORMATION PURPOSES ONLY. LABORATORY 424, LLC, DOES NOT PROMISE THE SITE OR ANY CONTENT OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED. LABORATORY 424, LLC, CANNOT ENSURE THAT THE SITE, ANY FILES OR DATA DOWNLOADED FROM THE SITE, OR E-MAIL SENT FROM LABORATORY424.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE OR ON ANY OTHER HYPER-LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR ANY OTHER BENEFIT EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF LABORATORY 424, LLC IN CONNECTION WITH THIS WEB SITE, FOR ANY AND ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS, SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER, IN THE TRANSACTION ASSOCIATED WITH THE ALLEGED LIABILITY.
Indemnification. You agree to defend, indemnify and hold harmless Laboratory 424, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of this Site. You must indemnify, defend and hold harmless Laboratory 424, LLC from all claimed losses or damages, asserted by anyone, which arise from your breach of this Agreement, violation of any third-party intellectual property right, or any act or omission in connection with your use of this web site.
Products and Pricing. Products or services offered for sale by Laboratory 424, LLC, will inform you of all terms of the offer, including, but not limited to, pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase. If a product is mistakenly mis-priced, Laboratory 424, LLC, reserves the right to either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and you order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.
Materials Provided to Laboratory 424, LLC or Posted to our Web Site. Laboratory 424, LLC does not claim ownership of the materials you provide to us or post to our web site ("submisssion"). However, by posting, uploading, inputting, providing or submitting content, you grant to Laboratory 424, LLC permission to use your submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish your name in connection with your submission; and the right to sublicense such rights to other service suppliers, if any. No compensation will be paid with respect to the use of your submission, as provided herein. Further, Laboratory 424, LLC is under no obligation to post or use any submission and we may remove any submission at any time, in our sole discretion. By posting a submission you warrant that you own or otherwise control all of the rights to your submission.
If you post a submission that contains images, photographs, pictures or that are otherwise graphical ("images"), you warrant and represent that (1) you are the copyright owner of such images, or that the copyright owner of such images has granted you permission to use such images (2) you have the rights necessary to grant the licenses and sublicenses described in these Terms and Conditions of Use, and (3) that each person depicted in such images, if any, has provided consent to the use of the images. By posting images, you are granting without compensation or limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your images without having your name attached to such images.
Laboratory 424, LLC reserves the right, but not the obligation, to refuse or remove any submission that it determines to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another or offensive or otherwise unacceptable to Laboratory 424, LLC in its sole discretion.
You acknowledge that the Internet is not necessarily a secure data transmission source, and we cannot guarantee the security of any information you send us via the Internet.
Applicable Law. You agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use in any dispute of any sort that might arise between you and Laboratory424.com or its affiliates. You further agree that the 1980 U.N. Convention on contracts for the international sale of goods is inapplicable.
Dispute Resolution. In the event a dispute arises between you and Laboratory 424, our goal is to provide a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree that any claim or controversy at law or equity that arises out of this Agreement or our services shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
Amicable resolution. Before resorting to the other alternatives below, we strongly encourage you to first contact us directly to seek an amicable resolution through dialog.
Alternative Dispute Resolution. Alternatively, Laboratory 424, LLC, will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Laboratory 424 may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, it shall be held in Spokane County, Washington or another location mutually agreed upon by the parties. In all such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established Alternative Dispute Resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Spokane County, Washington. You agree to submit to the personal jurisdiction of the courts located within the county of Spokane, Washington. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
No affiliation. Laboratory 424, LLC, makes no representations whatsoever about any other web site which you may access through this site. When you access a non-Laboratory 424, LLC, web site, you understand and agree that it is independent from Laboratory 424, LLC, and that Laboratory 424, LLC, has no control over the content on that web site. In addition, a link to a non-Laboratory 424, LLC, web site does not mean that Laboratory 424, LLC endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Entire Agreement. This Agreement, together with the Safety Warning and Disclaimer, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.