NEW RIVER LABS, LLC
Last Modified: August 31, 2018
ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND/OR EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY, BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site 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 exit from your account at the end of each session. You should use particular 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.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
The Company name and all related names, logos, product and service names, designs and slogans may be trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Additionally, you agree not to:
Reliance on Information Posted; No Medical Advice
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
All information and content found on the Site, including: text, images, audio, or other formats were created for informational purposes only. The content on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Reliance on any information provided on the Site is solely at your own risk.
This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through our Site or as a result of visits made by you to the Site are governed by our or our third party partners’ terms of sale, as applicable, to which you hereby agree.
Linking to the Site and Social Media 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, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Additionally, this includes the fact that you may be redirected, as part of the Company’s services provided to you via the Site, to third parties’ sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access, or are redirected to, any of the third party sites linked to this Site, you are at your own risk and subject to the terms and conditions of use for such sites.
The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, THIRD PARTY PARTNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, 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 OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disputes, Choice of Law and Jurisdiction
You may opt out of this agreement to arbitrate. If you do so, neither you nor Company can require the other to participate in an arbitration proceeding. To opt out, you must notify Company in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
You must include your name and residence address, an email address, and a clear and specific statement that you want to unconditionally opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Company.
The parties further agree that any arbitration shall be conducted in your individual capacities only and not as a class action or other representative action, and you expressly waive the right to file a class action or seek relief on a class basis.
This arbitration provision describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Where the laws of your state or country provide you with rights other than as set forth above, then you agree that all actions arising hereunder shall be instituted in accordance with the jurisdiction provision as set forth above.
Waiver and Severability
NEW RIVER LABS, LLC
Effective/Revised: August 31, 2018
From time to time, we may modify our practices that relate to our use of your Personal Information. In such an event, we will update this Policy, and post such revised Policy to the Site. You can find out when this Policy was last revised by referring to the revision date legend under the title of this Policy. Your continued use of the Site following the effective date of any such revised Policy shall constitute your consent to such revisions.
We do not collect, share or use Personal Information about you on the Site except as discussed in this Policy.
As used in this Policy, “Personal Information” includes one or more of the following types of information: payment information (credit and or debit card numbers, etc.), name, title, email address, account numbers, physical address, zip code, mobile phone numbers, phone numbers, answers to questionnaires, protected health information or other such submissions or content generated by you in connection with the Site, and similar unique, personal information that could identify you.
We may receive Personal Information from third parties with whom we have a relationship or otherwise contract with to obtain such information. Further, in the event we acquire a business, we may receive information from the seller of such business. Additionally, we may receive information from various consumer reporting agencies and related service providers.
Disclosures/Use of Information
Identifying Information. Unique identifiers (such as e-mail address(es)) are collected and may be used to respond directly to you when you request information or a response from us, as well as for verification purposes.
Payment. We use your information to process your orders with us, including, without limitation, by providing such information to third party payment processors as well as health insurance providers (including Medicare, Medicaid and the like).
Services-Related Data. We track the kinds of activities that you perform, profiles and questionnaires that you create and respond to, and any other information generated by you in connection with the services performed by the Site.
Sharing Information with Third Parties. We may share your information with our third party service providers to use on our behalf in performing services related to the administration, use, operation and/or maintenance of our Site and/or reacting to your specific requests. Specifically, we may use third parties to facilitate our business and operations, such as shipping (electronically or otherwise), customer relationship management, order fulfillment and/or logistics, hosting the Site and/or our online services, to send out email updates about our company, products and/or services, and/or to provide helpdesk or customer assistance. In connection with these offerings and business operations, our service providers may have access to your Personal Information for use in connection with these business activities. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. We may also share your information as we deem necessary (i) in the event (or partial event) of a corporate sale (asset or stock), merger, reorganization, change in corporate control, acquisition, insolvency, bankruptcy or similar event, (ii) to comply with applicable law or reasonable request based upon governmental regulation, court order, subpoena or similar related action or (iii) to protect the rights, property or safety of us, our customers, our associates or others, to prevent harm or loss, or in connection with an investigation or suspected or actual unlawful activity. We may also share your Personal Information with third parties who have partnered with us in connection with the services provided on the Site.
Internal Purposes. We may use your Personal Information for our internal purposes. Those purposes include, but are not limited to, internal marketing and analysis, registering and servicing your account(s); providing customer service; advertising our products and services to you and those of our partners that we think may be of interest to you.
Communications, Support Requests. If you contact us for assistance, to make a request or suggestion, or to report a problem or other issue through and/or regarding the Site, we may collect and store your contact information, communication, and/or other information about you, including but not limited to your name, e-mail address, user name, location, and other information. We may use such information to respond to you, research your request/communication, and for other purposes in accordance with provisions of this Policy.
Use of Protected Health Information. Your protected health information (“PHI”) may be used and disclosed for treatment, payment, healthcare operations, and other purposes permitted or required by law. If we wish to use or disclose your PHI for other purposes, we would have to obtain your authorization. We may, however, use or disclose your PHI without specific authorization or permission for certain purposes, including, (i) to provide and coordinate the services you receive, including through third parties, known as business associates, (ii) for purposes of billing and receiving payment for services that you receive, including without limitation, insurance providers, Medicare and Medicaid, and (iii) to support the operations of our laboratories and monitor, evaluate and improve the quality of the services we provide, and for other internal management purposes, (iv) to create de-identified data to improve our services, and (v) as otherwise required by law.
Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Policy.
In addition to “Personal Information” that you voluntarily provide, the Site also may collect data generated automatically by traffic to the Site (“Traffic Data”). Traffic Data may include, without limitation, internet protocol address(es), operating system(s) and browser specifics of your device, device characteristics, geographic (geo-location) information, user ID(s), clickstream data, and specifics regarding your interactions with (i.e., the path you take through) the Site. Traffic Data may also include your mobile device information (e.g., device model, operating system version, device date and time, unique device identifiers, mobile network information) and how you use the Site. These types of information do not generally identify or relate to you as an individual; however we may associate these types of information with you as an individual.
Our Site may require you to accept "session cookies" in order to access and utilize the Site. "Session cookies" are cookies that are stored in your browser and passed back to the server whenever a request for a new page on the site is made. The session cookie is never saved or written to disk. It is discarded when the browser exits, when you log out of the Site, or when you have not visited a page on the Site for a given period of time, for example 60 minutes. Most web browsers automatically accept session cookies, but most browsers also allow you to configure your web browser to refuse them or to notify you before a cookie is set. If you do not allow session cookies to be set, you may not be able to use this Site, access the full content otherwise available through the Site and/or use the full features and functionality of the Site.
Our Site may also use “persistent cookies” to provide end-user efficiencies such as remembering end-user Site preferences, automatically filling in standard information on return visits, and so-forth. As opposed to the session cookies discussed above, persistent cookies are not required to access and utilize the web site, but if you configure your browser so that it does not accept cookies from this web site, you may be prompted to provide certain information or choose certain options each time you visit the Site.
Do Not Track Disclosure
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. When you turn on DNT, the browser may send a signal or other message to web services requesting that they not track you. At this time, our information collection practices will continue to apply as described in this Policy, regardless of any DNT signals that are sent by certain browsers or selected by you. For more information about DNT, please visit AllAboutDNT.org.
Links and Internet Based Advertising
The Site may provide hyperlinks to other sites on the internet. The other sites so linked have not been reviewed by us and are maintained by third parties over which we exercise no control. We expressly disclaim any responsibility for the (i) content or accuracy of information contained on such linked sites; (ii) quality of any product or service provided by or advertised by any linked site; and (iii) the privacy practices or the content of such web sites. We neither endorse nor make any representation regarding any linked site and we advise you to check the privacy policies of such other sites.
We may participate in interest-based advertising (IBA), also known as Online Behavioral Advertising. We may use third-party advertising companies and networks to display ads tailored to your individual interests based on how you browse and shop online when you visit our Site and across other sites to serve you our advertisements across the Internet and through other channels. Some of these networks may be members of the Network Advertising Initiative (“NAI”) or participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program. To learn more about your choices relating to members of the NAI visit their website at http://www.networkadvertising.org/choices/#completed. To learn more about your choices relating to networks that participate in the DAA Program, please visit http://www.aboutads.info.
We use commercially reasonable efforts to meet industry standards to safeguard the confidentiality of your personal information. Unfortunately, it is impossible to absolutely guarantee the security of data transmission over the Internet or any wireless network. Therefore, although we take such commercially reasonable measures to protect your information, we cannot ensure the security of any information you transmit to us or from online services and you do so at your own risk. Once we receive your transmission, we will use industry standard efforts to ensure its security on our systems or direct our third party vendors storing the information use industry standard efforts to ensure its security on their systems.
California Privacy Rights
If you are a California resident and a customer of ours, you have the right to request information from us regarding the manner in which we share certain categories of your Personal Information with third parties, for the third parties’ direct marketing purposes. California Civil Code § 1798.83 provides you with the right to submit a request to us and receive the following information:
Please see our contact information below to make such a request.
As stated herein, our Site is a “general audience” website and not directed toward children. However, certain areas of our Site may contain interactive features that allow registered users to post content or information (the “Interactive Services”). If any of our Interactive Services are either: (1) directed toward California residents under the age of eighteen (18); or (2) if we have actual knowledge that a registered user of the Interactive Services is a California resident under the age of eighteen (18), we will permit such registered user to remove (if applicable) or request that we remove or anonymize such content or information as posted by the registered user, to the extent required by California Business and Professions Code § 22581. If you are under the age of eighteen (18) and would like to request the removal or anonymization of content or information you have posted on or to our Interactive Services, please see our contact information below to make such a request.
You may unsubscribe to future e-mail communications from us by clicking on the unsubscribe link provided in our e-mail communications. You may unsubscribe to text communications from us by responding STOP to any marketing text message you receive from us. Regardless of your decision to opt-out of future e-mail or text communications, we may still contact you to respond to an inquiry, regarding transactions and for transactional purposes (e.g., sales confirmations, shipping notifications, recalls, product information, service/reminder notices and account maintenance).
Contacting the Site; Your Information
If you have any questions about this Policy, the practices of the Site, or your dealings with the Site, you can contact:
NEW RIVER LABS, LLC
Effective/Revised: January 9, 2019