Welcome to the Turnkey Allergy Solutions website, owned and operated by Turnkey Allergy Solutions, LLC (”TKA,“ ”we,“ or ”us“). These terms of service (“Terms”) apply to this website, located at https://turnkeyallergysolutions.com and our related websites (“Site”), as well as all of our laboratory and sterile compounding pharmacy services, as currently listed here, and any other services we provide you (“Services”). By accessing and using the Site or Services, you agree, including on behalf of any corporation or other legal entity that you represent or for which you access the Site or Services, to be bound by and comply with the following terms and conditions of use. If you do not agree to these Terms, you are not authorized to use the Site or Services.
Changes to These Terms and the Site
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your continued use of the Site or Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Site or Services (all such materials and any compilation, collection or arrangement thereof, “Content”).
No Medical Advice
We do not provide medical advice or prescribe medication via the Site or Services. Use of the Site or Services is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. TKA does not assume any liability or responsibility for damage or injury (including death) to users, patients, or any other person, or tangible property arising from any use of the Site or Services.
Access and Use of the Site and Services for Consumers and Healthcare Professionals
You may access and use this Site only for personal use and the Services for your internal use as a consumer or a healthcare professional. Except as otherwise specified in this section, any other access to or use of the Site, Services, or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site, Services, or the Content are appropriate or available for use in locations other than the United States. If you choose to access this Site or Services from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content.
To the extent your use of the Services results in us providing you reports or assay results, we provide such materials solely for your lawful purposes, and you bear all responsibility for any improper use or disclosure thereof. You will own all such materials, except to the extent such materials contain: (a) any inventions or developments made by us prior to or independently of the performance of the Services, (b) any inventions or developments created by us as a tool for use in performing the Services, or (c) any improvements, modifications or derivative works of the inventions or developments referenced in subsections (a) or (b) (“Our Technology”).
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all rights, title, and interest in and to the Site, Services, and all of the Content. We reserve all intellectual property rights and proprietary rights not expressly granted herein.
In connection with your access and use of the Site and Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, you may not, nor cause or permit any person to, do any of the following:
Use the Site, Services, or Content for any unlawful purpose;
Use the Site to transmit any material that contains any viruses, worms, malware, Trojan horses, time bombs, cancelbots, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and
Use the Site or Services to transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others.
Restrictions on Access
If you register for an account with us or purchase Services, you represent and warrant that (a) all information that you provide to us in connection with your access to and use of the Site and Services is true, accurate, and complete to the best of your knowledge and belief, (b) you have all rights and authority necessary to provide access to any data or other information you provide hereunder; (c) you are at least 18 years of age (individuals under 18 years of age may not access or use the Services), and (d) you meet our licensing and qualifications requirements. You will immediately notify us if (x) you become aware of any development rending untrue or misleading representations, warranties, and/or covenants under these Terms, (y) your professional license has been revoked, suspended, or restricted in any way, or (z) you become aware of any medical incident, error, or adverse event arising out of any service rendered by you within, through, or related to the Services that may reasonably be expected to give rise to a claim being made against you or if you have been named in a claim or suit arising out of any service rendered by you within, through, or related to the Services.
TKA reserves the right, in its sole discretion, to terminate your access to all or part of the Site or Services, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username, PIN or password; or (b) the breach of any agreement between you and TKA, including, without limitation, these Terms.
Upon being notified that your access is terminated, you may not access the Site or Services, without our written approval. After terminating your access, TKA will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
Ordering and Shipment Information
All Services will be billed at the time of order unless otherwise agreed between you and us in writing. All fees will be billed in US dollars. We accept major credit cards as further specified in the ordering process. We do not participate in the federal Medicare or any state Medicaid programs and will not provide services to Medicare or Medicaid beneficiaries. We do not bill or accept payment from any government or private third-party payor or insurer.
Our fees do not include any federal, state, local, municipal, foreign, or other governmental taxes, levies, or fees. You are responsible for the payment of all taxes associated with your purchases under these Terms, except for taxes assessable against us based on our income, property, and employees. We offer pre-paid, trackable, expedited shipping throughout the United States. The risk of loss and title for items shipped to TKA are on you until such items are received by TKA.
Users may contact our client services department for assistance with understanding our testing Services.
We do not offer refunds or returns all sales are final.
If you purchase Services from us, TKA and you may disclose Confidential Information to the other. “Confidential Information” means all information disclosed by a party to the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include information that: (a) is or becomes generally known to the public without breach by the receiving party; (b) was known to the receiving party prior to disclosure by the disclosing party, without breach of any obligation owed to the disclosing party; (c) is received from a third party without breach of any obligation owed to the disclosing party, or (d) was independently developed by the receiving party. All Confidential Information is and shall, subject to any right of any other owner, remain the property of the disclosing party.
The receiving party will: (a) protect the disclosing party’s Confidential Information with the same degree of care that the receiving party uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care). The receiving party will be liable for compliance with the terms of these Terms by any employee(s) to whom the receiving party discloses any of the disclosing party’s Confidential Information.
TKA takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site and Services. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any test results, username, and any password used in connection with your use of the Site and Services. TKA will not be liable for any loss or damage arising from the unauthorized use of your username, login details, or password.
Laboratory Test Results
If you order or procure Services, you understand that: (a) your test results carry a risk of false positives and false negatives and do not definitively define a diagnosis; (b) you will not be refunded for results that indicate false positives/negatives (including subjective false positives/negatives); (c) test results can sometimes be inaccurate through no fault of TKA; (d) you must submit the professional certification form and a copy of your state license; (e) you must be authorized and licensed to order Services in your state; and (f) by ordering, you understand that you are considered the “ordering health care professional.”
YOU USE THIS SITE AND SERVICES AT YOUR SOLE RISK. ACCORDINGLY, THE SITE, SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, TKA, ITS MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE USE OF THIS SITE, SERVICES, OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT THE USE OF THIS SITE, SERVICES, OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (C) THE CONTENT OR ANY INFORMATION, SERVICES, OR MERCHANDISE PROVIDED THROUGH THIS SITE, SERVICES, OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (D) THAT ANY DEFECTS IN THE SITE, SERVICES, OR IN THE CONTENT WILL BE CORRECTED; OR (E) THAT THE SITE, SERVICES, AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
Limitation of Liability
As partial consideration for your access to the Site and Services, you agree that in no event will TKA, its medical advisers, officers, shareholders, directors, employees or its contractors, suppliers, content-providers and other similar entities, representatives, and agents of each of the foregoing (collectively, our “Contractors”), be liable to you, you, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site, Services, or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
Under no circumstances will TKA or our Contractors be liable to you, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site, Services, or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of TKA and the Contractors will be limited in accordance with these Terms to the extent permitted by law. Without limiting any of the foregoing, if TKA or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, and Services, or your use of the Site and Services, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify TKA, and our officers, directors, shareholders, employees, representatives, and agents, against all claims, demands, suits, or other proceedings and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, or transmit through the Site or Services; (b) your access to and use of the Content, the Site, Services, and other materials, products, and services available on or through the Site and TKA; (c) your violation of these Terms; (d) your violation of any rights of any third party; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will be construed and enforced in accordance with the laws of the State of Texas, the USA without regard to choice of law rules. Each of you submits to the personal jurisdiction in Harris County, Texas, USA, and any cause of action arising under these Terms or otherwise involving this Site and Services will be brought exclusively in a court in Harris County, Texas, USA.
Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site and Services. These Terms do not confer any rights, remedies or benefits upon any person other than you. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof. If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site or Services for illegal purposes will be provided to law enforcement authorities. Discontinuation of use of this Site or Services is your sole right and remedy for any dissatisfaction with the Site, Services, or any of the Content.