Agreement to Terms
By accessing and using the imaware website and services, you accept and agree to be bound by the terms and provisions of this agreement. These Terms of Service constitute a legally binding agreement between you and imaware governing your use of our website, products, and services. If you do not agree to these terms, you should not access or use our website or services. Your continued use of this website following the posting of any changes to these terms constitutes acceptance of those changes. You agree to review these terms periodically to stay informed of any updates. The terms apply to all visitors, users, and others who access or use our website. The content on this website is provided for general informational and educational purposes only. By using our website, you acknowledge that you have read, understood, and agree to be bound by all of these terms and conditions. If you are using our website on behalf of any entity, you represent and warrant that you are authorized to accept these terms on that entity's behalf.
Use License and Intellectual Property
Permission is granted to temporarily use imaware website and services for personal, non-commercial use only. This license does not include the right to modify or copy the materials, use them for any commercial purpose, transfer the materials to another person, or mirror any materials on another server. All content, including text, graphics, logos, images, software, and test methodologies, is the property of imaware or its licensors and is protected by copyright and trademark laws. Unauthorized use may result in violations of copyright and trademark laws. You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or sell any content obtained from this website. Trademarks, service marks, and trade names appearing on this website are the property of their respective owners. Nothing on this website should be construed as granting any license or right to use any trademark without prior written permission. This license shall automatically terminate if you violate any of these restrictions.
User Accounts and Registration
When you create an account with imaware, you must provide accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to accept responsibility for all activities that occur under your account or password. You must notify imaware immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion. Users must be at least 18 years old to create an account. If you are under 18, you may use our services only with the involvement of a parent or legal guardian. You agree to provide accurate registration information and to update it promptly to keep it accurate and current. We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information. Multiple accounts for the same individual are not permitted without explicit authorization.
User Conduct and Responsibilities
When using imaware website and services, you agree to engage in lawful and appropriate conduct. You may not use our website in any manner that could disable, overburden, damage, or impair the site. You may not attempt to gain unauthorized access to any part of the website or its systems. You may not bypass security measures or interfere with the proper working of the website. You may not transmit any viruses, worms, malware, or other malicious code. You may not collect or store personal data about other users without their consent. You may not use the website for any unlawful purpose or to solicit others to perform unlawful acts. You must provide valid and accurate information when using our services. You agree to use our test kits only as directed and in accordance with all provided instructions. Failure to comply with these requirements may result in termination of your access to our services.
Product Orders and Payment
When you order products or services from imaware, you agree to provide accurate and complete payment information. All prices are subject to change without notice. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud. Payment must be received before we process and ship your order. Shipping times are estimates and not guarantees. We will make every effort to deliver products within the estimated timeframe. Return policies and refund procedures are described on our website and may vary by product type. Customized or personalized products may not be returnable. You are responsible for any applicable taxes associated with your purchases. By completing a purchase, you represent and warrant that you have the legal right to use the payment method provided. We use secure third-party payment processors and do not store your complete payment information.
Test Kit Usage and Sample Collection
Our test kits are designed for self-collection of samples in accordance with provided instructions. Proper sample collection is essential for accurate results, and you must follow all instructions carefully. Test kits are for their intended use only and should not be used for purposes other than those specified. Sample stability may be affected by temperature and time, so samples must be shipped according to provided instructions. We are not responsible for inaccurate results caused by improper sample collection or handling. Test results should be reviewed with a qualified healthcare professional. Our tests are screening tools and are not diagnostic procedures. Some tests may require fasting or other preparation, and failure to follow these requirements may affect result accuracy. Test kit components should be kept out of reach of children. Expired or damaged test kits should not be used. Sample collection involves small blood draws or other biological samples, and individuals with certain medical conditions should consult a healthcare provider before using our kits.
Disclaimer of Warranties
imaware website and services are provided on an as-is and as-available basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the website or the accuracy, completeness, or reliability of information provided. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, timely, secure, or error-free. The accuracy and reliability of test results depend on proper sample collection and handling, and we cannot guarantee perfect accuracy for all tests. Any reliance on information from our website or services is strictly at your own risk. Users are responsible for verifying any information before acting upon it. We are not responsible for any errors or omissions in the content of the website. The disclaimer of warranties reflects the allocation of risk between the parties and forms an essential basis of the bargain between you and imaware.
Limitation of Liability
In no event shall imaware, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the website or services. This includes damages for loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use the website and services. The limitation of liability applies regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or any other theory. Even if imaware has been advised of the possibility of such damages, our total liability shall not exceed the amount paid by you, if any, for accessing the website or services during the twelve months prior to the claim. The limitation of liability reflects the allocation of risk between the parties. Some jurisdictions do not allow the exclusion of certain damages, so the above limitations may not apply to you. In such cases, liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless imaware and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses arising out of your use of the website or services. This includes claims arising from your violation of these terms, your violation of any third-party rights, or your provision of inaccurate information. You agree to cooperate fully in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation survives the termination of these terms and your use of the website. You shall not settle any claim without prior written consent from imaware. This provision is in addition to any other rights or remedies available to imaware under these terms or applicable law. Your indemnification obligations apply regardless of whether the claim arises from your negligence or the negligence of any third party.
Termination
imaware may terminate or suspend your access to the website and services immediately, without prior notice or liability, for any reason, including breach of these Terms of Service. Upon termination, your right to use the website and services immediately ceases. All provisions of these terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability. You may also terminate your account by contacting customer service. Upon termination, we may delete your account and all associated information. Termination shall not affect any rights or obligations that have accrued prior to termination. We are not liable to you or any third party for any termination of your access to the website or services. After termination, you will not be entitled to any refund for unused services or products. All outstanding obligations under these terms shall survive termination.
Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these terms or your use of the website shall be resolved exclusively in the state or federal courts located in Austin, Texas. You consent to the jurisdiction of such courts and waive any objection to venue. Any claim must be filed within one year after the claim arose, or it shall be forever barred. The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs. This provision survives termination of these terms. If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision does not constitute a waiver of such right. These terms constitute the entire agreement between you and imaware regarding your use of the website and services.
Changes to Terms
imaware reserves the right to modify or replace these Terms of Service at any time in our sole discretion. We will provide notice of material changes by posting the new terms on this page and updating the effective date. Your continued use of the website after any such changes constitutes acceptance of the new terms. We encourage you to review these terms periodically for any changes. Minor changes that do not materially affect your rights may be made without notice. The date of the last update will be displayed at the top of this page. If you do not agree to the new terms, you must stop using the website. Your use of the website following the posting of any changes means you accept and agree to be bound by the modified terms. If you have any questions about these terms, please contact us before using our services.