Terms of service
Welcome to www.mytapscore.com (“Site”). Please read these MyTapScore Terms of Service (“Terms”) carefully because they’re a binding agreement between you and SimpleLab, Inc. (“SimpleLab,” “our,” “us”, “we”). These Terms apply to your use of the Site, including your purchase of our product, Tap Score, and related testing services (collectively, “Products”) on the Site. By accessing or using the Site or purchasing Products from the Site, you automatically agree to these Terms, you acknowledge our Privacy Policy, and you certify that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. If you do not agree with these Terms, do not access or use the Site or purchase Products from the Site.
1. A. YOUR USE OF THE SITE.
SimpleLab owns and operates the Site. The documents and other information and content available on the Site are referred to as “Site Content.” The Site Content is protected by copyright laws throughout the world. SimpleLab grants you a limited, revocable license to access and use the Site and Site Content and to reproduce portions of the Site Content solely for your internal business purposes or for your personal use, as applicable. You must retain all copyright and other proprietary notices on any copies of the Site Content. Using the Site does not give you any ownership rights to the Site or Site Content. Further, nothing in these Terms confers to you any license or right under any patent, copyright, trademark, or other intellectual property right of SimpleLab or any third party. SimpleLab and its suppliers reserve all rights not granted in these Terms.
You may not provide any Materials (defined below) or use the Site or Site Content in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any Site feature. Except as expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish, or retransmit any Site Content or any portion of the Site Content in any electronic medium or in hard copy, or create any derivative work based on such Site Content or portion thereof, without our express written permission. The Site and Site Content are for informational purposes only and we do not make any recommendations on or via the Site. You should not rely upon the Site or Site Content as the sole basis for any decision or action.
1. B. YOUR PURCHASES ON THE SITE.
The store on this Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you. You should use our Products solely for your personal use. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of our Products, violate any applicable laws. Any offer for any Product made on the Site is void where prohibited.
We reserve the right to limit the quantities of the Products that we offer. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse any order you place with us for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All descriptions of Products and, unless otherwise expressly agreed, Product pricing, are subject to change at any time without notice. We have made every effort to accurately display the colors and images of our Products on the store. We cannot guarantee that your computer monitor's display of such colors will be accurate. Our Products are subject to return or exchange strictly in accordance with our Return Policy.
You agree to provide current, complete and accurate purchase and account information, including shipping information, for all purchases of Products. When you provide credit card information, you authorize us (through our third party payment processor) to charge that credit card for all Product purchases. You agree to promptly update your account and other information, including your email address and credit card information, so that we can complete your transactions and contact you as needed.
2. TRADEMARKS.
All trademarks, logos, and service marks (“Marks”) on the Site are our property or that of third parties. You are not permitted to use any Mark without the Mark’s owner’s prior written permission.
3. FEEDBACK.
All information, ideas, suggestions, or other communications you submit or provide to us will be non-confidential and non-proprietary (“Feedback”). Do not submit or provide us with any Feedback that contains information, ideas, or suggestions you consider confidential or proprietary. Unless we agree otherwise in writing, SimpleLab will be entitled to use, disclose, or distribute any Feedback for any purpose whatsoever without any obligation to you.
4. USER SUBMISSIONS.
The Site may enable you to submit emails or otherwise provide certain content, data, or other information (“Materials”) to SimpleLab. You can only submit Materials if you own all the rights to them or if the owner has given you permission to submit the Materials. You do not transfer ownership of the Materials you submit, however, by doing so, you grant us the irrevocable right to use, copy, modify publish, perform, transmit, and display such Materials for any reason whatsoever in accordance with these Terms. We are not responsible for Materials submitted or posted to the Site by others. We may, but have no obligation to, monitor, edit, or remove Materials that we determine are unlawful, threatening, libelous, defamatory, or otherwise objectionable or violate any third party intellectual property or proprietary rights or these Terms.
5. MODIFICATION.
We reserve the right to (i) modify the Site Content, or (ii) modify, suspend, or discontinue the Site or any part the Site and/or the Products at any time with or without notice to you. You agree that SimpleLab will not be liable to you or to any third party for any modification of the Site Content or any modification, suspension, or discontinuance of the Site or Products sold on the Site.
6. PRIVACY POLICY.
Please review SimpleLab’s Privacy Policy for information about the personal data we collect about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data.
7. THIRD PARTY LINKS.
The Site may contain links to websites owned and/or operated by third parties. Such websites are not under our control. We provide these links as a convenience and do not review, approve, monitor, endorse, or make any representations with respect to such websites. We are not responsible for such websites’ content or for any link(s) they may contain.
8. WARRANTY DISCLAIMER.
SIMPLELAB DOES NOT MAKE ANY WARRANTIES OR PROMISES ABOUT THE SITE, SITE CONTENT, OR PRODUCTS PURCHASED ON THE SITE. For example, information on the Site may not be current or complete when you visit the Site and it may contain errors or inaccuracies. We do not make any commitments related to the Site’s or to the Products’ functionality, availability, reliability, or ability to meet your needs or expectations. To the fullest extent permitted by applicable law, SimpleLab provides the Site, Site Content, and Products “as is” and “as available” and for your use at your own risk and SimpleLab disclaims all representations and warranties, whether express, implied, statutory or otherwise, as well as any representations and warranties of title, accuracy, quality, fitness for a particular purpose, and quiet enjoyment. We do not warrant that results obtained from use of the Site, Site Content, or Products will be accurate or reliable or that use of the Site, Site Content, or Products will be timely, secure, uninterrupted, error-free, or that errors will be corrected.
9. INDEMNIFICATION.
You agree to indemnify and hold harmless SimpleLab and its affiliates, officers, employees, agents, partners, and licensors (collectively, the “SimpleLab Parties”) from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your (i) Materials, or (ii) violation of these Terms, of any third party rights, or of any applicable laws, rules, or regulations. SimpleLab reserves the right, at its own cost, to assume the defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive your access to or use of the Site or Products.
10. LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT EXCEPT WHERE LEGALLY PROHIBITED, IN NO EVENT WILL THE SIMPLELAB PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SITE CONTENT, OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT A SIMPLELAB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY. The SimpleLab Parties’ total cumulative liability in connection with these Terms, the Site, Site Content, or Products, whether in contract, tort, or otherwise, will not exceed fifty dollars (US$50) or the price paid for the Products, whichever is greater.
11. NON-US SITE VISITORS.
The Site can be accessed worldwide and may contain references to products and services not available in your country. These references do not imply that SimpleLab intends to provide any products or services in your country. We control and operate the Site, Site Content, and our offerings from the United States. SimpleLab makes no representations that the Site, the Site Content, or any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use the Site or Site Content from other jurisdictions do so at their option and are responsible for compliance with all applicable laws and regulations.
12. AMENDMENT(S).
We may change these Terms from time to time for any reason. If we make any changes, we will change the Last Revised date above and post the new MyTapScore Terms of Service. You should consult these Terms regularly for any changes. By continuing to use or access the Site or purchasing Products on this Site, you agree to be bound by our then-current Terms.
13. GOVERNING LAW; VENUE.
These Terms and any related action will be governed and interpreted by and under the laws of the State of California, excluding its conflicts of laws rules. Venue for any dispute arising out of these Terms will be the state and federal courts in San Francisco, CA, and each party (you and SimpleLab) consents to personal jurisdiction to such court(s) and also waives any right it may otherwise have to challenge the appropriateness of such fora.
14. EXPORT RESTRICTIONS.
You may not access, download, use, or export the Site, Site Content, or Products in violation of United States export laws or regulations or any other applicable laws or regulations. You agree to comply with all export laws, restrictions, and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available the Site, Site Content, or Products in violation of any such restrictions, laws, or regulations.
15. GENERAL PROVISIONS.
Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect. If you have any questions about these Terms, please contact us at admin@mytapscore.com.