Terms & Conditions

Thank you for visiting MoneyforStrips.com!  MoneyforStrips.com (the “Site”) is operated by Mountain West Distribution LLC (“we,” “us” or “our”) and allows you to:  (a) participate in interactive features that we may make available such as selling your previously owned diabetic test strips and other items regarding diabetic testing supplies to us for processing, (“Services”); or (b) simply view this Site.  This Terms of Use Agreement (this “Agreement”) and our Privacy Policy, which is incorporated by reference as if fully set forth herein, (http://www.moneyforstrips.com/terms.html)govern your use of this Site. Please note that this Agreement applies only to mail-in Diabetic supply buying transactions and does not apply is therefore inapplicable to face-to-face or in person transactions.


1. Your Use of this Site and Affirmative Representations.
When you use this Site, you represent that:  (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; (d) you are 18 years of age or older; (e) you are the legal owner of any Diabetic Test Strips, Lancets or other Diabetic supplies that you sell or are attempting to sell to us; and (f) you are selling or are attempting to sell Diabetic Test Strips, Lancets or other Diabetic supplies on your own behalf and are not an agent or a representative of a third party. 

By shipping your goods to us, you are agreeing to all terms and conditions set forth herein and affirming, under penalty of perjury, that the information supplied by you is true and correct and that you are over the age of 18 and the lawful owner of the property that this is the subject of your transaction with usWe reserve the right to request documentation and other proof of compliance with the requirements contained in this Section 1.

2. Shipping and Appraisal Process, Requesting and Accepting/Rejecting a Quote, Payment, Returns and Guaranty Against Loss.
2.1       Shipping your Diabetic Test Strips to Us.
To request a free Diabetic Test Strip/Lancet Return Pack, please complete the on-line form located on the website, and then click the button to submit your information or telephone one of our representatives at 1-800-608-6910 to request a Diabetic Test Strip/Lancet Mail Return Kit.  Your Diabetic Test Strip/Lancet Return Mail Kit will be mailed within approximately 24 business hours to the address you entered on the on-line form or that you provided to our representatives.
Please include with your shipment a complete inventory of your Diabetic Test Strips/Lancets. You can print out the online
free quote that was provided via 
www.moneyforstrips.com and place it in the Return Mail Kit. In the event your Diabetic Test Strip/Lancet Return Mail Kit arrives at our facilities and any items of your Diabetic Test Strips/Lancets are missing or lost from your Diabetic Test Strip/Lancet Return Mail Kit and such items are not listed on the included inventory list, we will not be responsible for such lost or missing Diabetic Test Strips/Lancets and are not responsible for payment of those missing items.

We are proud to offer free UPS or  USPS labels to ship your material.  All Diabetic Test Strip/Lancet Return Mail Kits which are shipped via the US Postal Service (“USPS”) in the Diabetic Return Mail Kit and Labeling we provide you will be insured by Endicia Parcel Insurance Services.  UPS packages are not insured.  If you would like to add insurance to your package, you may do so, at your expense, at the UPS drop off location you select.  

Once you receive your Diabetic Test Strip/Lancet Return Mail Kit, simply place your unwanted Diabetic Test Strips or Lancets into the box included in the Diabetic Test Strip/Lancet Return Mail Kit, use packaging material to help protect your items against damage, include your inventory list, attach the USPS or UPS label to the shipping box, and ship your Diabetic Test Strips or Lancets to us from any USPS or UPS location (based on the shipping carrier you have selected).  You will be able to track your package online with the tracking number provided on the label.

In most cases we will refund you the shipping costs of sending us your Diabetic supplies via another shipping provider if the cost of shipping is within reason and comparable to USPS Priority Mail shipping costs. Please inquire first before sending in this manner so that you can know beforehand that we will cover the costs. We reserve the right, in our sole discretion, to reject delivery of any envelope or package that appears to be damaged, opened or tampered with, and we will return these envelopes or packages to you by means of USPS. We will have no liability to you for returning envelopes or packages in this manner. By using the bar coded number on your Diabetic Test Strip/ Lancets Return Mail Kit, you can go towww.usps.com and print a receipt confirming your delivery of your Diabetic Test Strip/Lancet Return Mail Kit to your USPS facility. If you choose to place your Diabetic Test Strip/Lancet Return Mail Kit in your mailbox, you can still use the bar coded number on Diabetic Test Strip/Lancet Return Mail Kit, and go to www.usps.com and print a receipt confirming delivery of your Pack to our Postal Facility. Please contact us at 1-800-608-6910 should you have any questions.

2.2       Diabetic Test Strips or Lancet Appraisal. 

Our online quote form or verbal phone quote is for a convenient estimate only and is not binding or final. We are not responsible for honoring payment on Diabetic Test Strips/Lancets received that either don’t abide by the conditions as listed in section 2.5 or don’t match the quote that we had originally received when you requested a Return Mail Kit from us. A final quote will be assessed on your Diabetic Test Strips/Lancets once we have physically received them at our location and have evaluated their dates and conditions. They are subject to the conditions in section 2.5. If the Diabetic Test Strip/Lancets that we receive match the original quote and are in compliance with the conditions of section 2.5 we will proceed to send payment with no need for further action on your part. If you send us more Diabetic Test Strips and/or Lancets than what was originally quoted and are on our list of accepted Diabetic Test Strips and/or Lancets and meet the conditions of section 2.5 then we will in most cases accept them and compensate you for them with no further action needed.

2.3       Requesting a Quote.
You may request that we provide you with an online instant quote for your Diabetic Test Strips or Lancets via visiting our website, 
www.moneyforstrips.comor a verbal tentative quote for you by calling us at 1-800-608-6910. 

2.4       Accepting/Rejecting a Quote.
By requesting the Diabetic Test Strips and/or Lancets Return Mail Kit from us and mailing your Diabetic Test Strips and/or Lancets to us, you thereby accept our quote that was provided via our website 
www.moneyforstrips.com
or over the phone for the Diabetic Test Strips/Lancets that you mail to us and accept all our terms and conditions. If the number of the Diabetic Test Strips or Lancets that we receive from you are less than the original quote, we are only obligated to offer payment on what we have received and that meet the conditions of section 2.5. If any of the Diabetic Test Strips or Lancets are not on the list of acceptable brands that are on our website 
www.moneyforstrips.com, or in are not in compliance to the conditions of section 2.5 we then reserve the right of non-payment for any of those items. If at any time you disagree with a re-quote or the final quote that differs from the original quote or would want us to return some or all of the Diabetic Test Strips or Lancets that we rejected, you may request to have them mailed back to you. The default return shipping method is priority mail unless otherwise stated and a “handling” fee of $10 will be assessed in addition to the shipping charges that you will be responsible for. We will not mail anything back to you unless you pay for the shipping plus handling. In the case that we have to ship 50% or more of your order back to you, you not only will be responsible for the return shipping charges which will be Priority Mail unless otherwise requested, but you will also incur a “handling” fee of $20 in addition to the shipping costs, as well.  In addition to the charges previously stated, if your order total falls below $35 after the adjustments based on the items you have sent in, you will be responsible for the repayment of the shipping fees we incurred getting the package from you to us (as stated on our quote form, we do not pay for postage on packages under $35).  If after 3 days from the time we have sent notification of your order discrepancies you haven’t requested to have them returned to you, you forfeit all ownership to the Diabetic Test Strips and or Lancets that were sent to us.

2.5 Conditions of the Diabetic Test Strips or Lancets.

For us to accept and compensate you for any of the Diabetic Test Strips that you send us they must satisfy all the following conditions:

  1. They must expire no less than 180 days from the time we receive them at our location. The expiration date on the boxes must also be clearly visible and not scratched out or punctured.
  1. They must be unopened and still sealed within their original boxThe Diabetic test strips must have the factory seal intact,the serrated pull tab intact or otherwise not tampered with. MoneyforStrips.com will not accept or provide compensation for opened Diabetic Test Strip boxes or Lancets. All boxes must have their original factory FDA approved, unbroken seal. No exceptions. Damaged to the boxes (blemishes, marks, label residue, dings, creases, rips, tears, or any of the like) are subject to a deduction, of up to $5 per box per 50 count box or $10 per 100 count box, in compensation.

If any of the Diabetic Test Strips or Lancets that we receive from you don’t meet one or both of these conditions they will be rejected, and you will not be compensated for them. You may request to have the Diabetic Test Strips or Lancets that we reject returned to you if you agree to pay for the return postage fees and handling, as outlined above, otherwise, you forfeit ownership. Please read section 2.4 for more details about returns and rejected items.

UPON ACCEPTANCE BY YOU OF THE FINAL TELEPHONE OR EMAIL QUOTE, PAYMENT WILL BE ISSUED BY US WITHIN FORTY-EIGHT (48) BUSINESS HOURS OF SUCH ACCEPTANCE

2.6       Payment. 

a.General Payment Terms.
You may select one of three payment options:  (a) Paypal, (b)direct deposit, or (c) check.  If you would like to request payment by Paypal or direct deposit, please provide the required information as set forth in the Diabetic Test Strip/Lancet Return Mail Kit we provide you and send the information with your shipment.  If you prefer to be paid by Paypal or direct deposit, we will deposit the fees in your Paypal account within approximately 48 hours of receipt of your Diabetic Test Strip/Lancet Return Mail Kit.  If you prefer to be paid by check, we will issue you a check within approximately 48 hours of processing of your Diabetic Test Strip/Lancet Return Mail Kit.  

Money For Strips does not provide tracking on checks, as they are sent regular mail via the USPS.  If you would like to add tracking to your payment, please let us know this before your payment is sent, via email or on the payment form that you return with you testing supplies.  In the event that a check payment is returned to us, we can either attempt to resend the check, or you will have the option to be paid via direct deposit or Paypal.  If your check is lost, and you have not elected for tracking, you will be responsible for the $35 stop check fee before we can reissue another payment.  At this time, you may choose to receive your payment via another check, Paypal or direct deposit.  


b. Paypal Payment Terms.
If you elect Paypal direct deposit, please provide us with your email that is linked to your Paypal account.  Money For Strips does not charge a fee for sending Paypal payments, however, Paypal may charge fees for you to accept a payment.  These fees are not assessed by Money For Strips, nor can we change them.

In the event that a Paypal payment is returned or unable to be processed, we will contact you once we are notified and attempt to remedy the issue causing the payment to be returned.  If you have provided an incorrect Paypal email address, we may not be able to remedy your payment issue.  Money For Strips will not resend a Paypal payment, if made, until the first payment is returned.

c. Direct Deposit Terms.

If you elect payment via Direct Deposit, please provide us with your banking details via the form sent to you with  your mail kit.  Money For Strips does not charge a fee for sending Direct Deposit payments.  Direct deposit payments typically take up to 3 business days to arrive into your banking account.  You may, for a fee of $10, request next day deposit.  Please indicate this on the payment form that you return to us in your package.

In the event that a direct deposit payment is returned or unable to be processed, we will contact you once we are notified and attempt to remedy the issue causing the payment to be returned.  In most cases, it is as simple as the address we have for you not matching what the bank has on your account or a digit missing from your account or routing number.  If we cannot remedy the direct deposit payment issue, you will have the choice to be paid via Paypal or check. 


2.7 Returns.
a. General Return Terms.
If we cannot accept any supplies from you order, we are glad to send them back to you, at your cost plus applicable charges are indicated previously. You must request return of the supplies within 3 (three) days of notification that you supplies cannot be accepted. IF YOU DO NOT CONTACT US WITHIN 3 (THREE) DAYS OF NOTIFICATION, YOUR SUPPLIES WILL BE DONATED OR DISCARDED. This 3-day return period cannot be altered for any reason. We will not be responsible for any loss or damages of any kind if you do not contact us within this 3 day return period for return of your Diabetic Test Strips or Lancets. You have 7 days of the date upon which you notified us that you would like to have your items returned to you to pay for return shipping and packaging charges. This 7-day period cannot be altered for any reason, and we will not be responsible for any loss or damage of any kind to your Diabetic Test Strips or Lancets. If we do not receive payment for your return shipping and processing fees within this period of time, the Diabetic Test Strips or Lancets will no longer be able to be returned to you.

Upon our receipt of your payment for the charges within 7 days, we will return the Diabetic Test Strips or Lancets to you providing you have also paid all the necessary return fees mentioned in section 2.4. All Diabetic Test Strips or Lancets will be shipped back to you via USPS Priority Mail unless otherwise requested. We do not offer insurance on your return package unless you notify us by phone or by email that you agree to pay for the additional insurance you request and remit payment to us prior to shipment. Please note that if you have not notified us of your address change prior to our shipment of your return, you will have to pay any additional shipping charges if your Diabetic Test Strips or Lancets is returned to us as non-deliverable by the shipper.

2.7       Guaranty Against Loss and Claims Process.
a. Diabetic Test Strips or Lancets Lost When You Initially Ship Them to Us via USPS:
Subject to any restrictions in this Agreement or on this Site, if you ship your Diabetic Test Strips or Lancets to us and your Diabetic Test Strips or Lancets are lost in the mail, we will not compensate you for the loss of your Diabetic Test Strips or Lancets. Please contact the Postal Service with your tracking receipt to inquire about its whereabouts. If it was insured then fulfill the appropriate USPS guidelines to submit your claim.

2.8       110% Online Price Match Guarantee.
If you receive a higher, itemized valid written offer from a nationally televised mail-in Diabetic Test Strip or Lancet buyer (who does not own or operate or is not affiliated with any retail location) we will match that offer plus pay you an amount equal to 10% of the other offer (the “110% Price-Match Guarantee”). You must notify us of the other higher offer before your payment is submitted.  Once payment has been submitted, we are unable to honor any changes to your order. We reserve the right to request you provide us the original written offer you received so we can verify the validity and terms of the other offer.   All terms must be met as indicated by MoneyForStrips.com, as well as what is stated from the company you are wishing to price match. We reserve the right to deny price matching issued by companies reported for dishonest business practices and misrepresentation.  Price Matching and Loyalty Bonuses cannot be used together. Please call our toll-free customer service number 1-800-608-6910 if you have any questions.

3.  Rules Governing Your Use of this Site.
You are entirely responsible for any harm resulting from your use of this Site.  You represent and warrant that:
(a)        you will not use this Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications;
(c)        you will not access this Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, this Site unless otherwise specifically authorized by us in a separate written agreement;
(e)       you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(f)        you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Site Content (as defined in Section 5 below) or enforce limitations on use of this Site or the Site Content; or
(g)        you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of this Site.

4.         Grant of License to Us for Contributions.
We need a license from you so that we can use your feedback, materials, questions, comments, suggestions, ideas, plans, notes or other information about us, this Site and/or the services made available on this Site (“Contributions”) on this Site or elsewhere.  By making a Contribution to this Site, you grant to us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, and royalty-free (meaning that we are not required to pay you to use your Contribution), sub-licensable
(meaning that we can sublicense its rights to, for example, third party hosted service providers) and worldwide (because the Internet and this Site are global in reach) license to use, modify, create derivative works of, publicly perform publicly display, reproduce, rent, resell and distribute the Contribution for any purpose, commercial or otherwise.
You further grant us the right to use the name that you submit in connection with your Contributions.  You acknowledge that this license does not obligate us to use your name in connection with your Contributions.
We are not required to treat any Contributions as confidential.
You are solely responsible for the Contributions you send us through the Site and you acknowledge and agree that we do not assume or have any liability for any action or inaction by us with respect to your Contributions.
We reserve the right to comply and cooperate with any and all legal requirements, legal authorities and/or law enforcement agencies, whether required or ordered to do so or not, regarding the investigation of, or request to disclose, information related to Contributions provided by you or the identity of you.

5.         Our Intellectual Property Rights.
The entire contents and design of the Site are protected under U.S. and international copyright and trademark laws.  The Site is owned and operated by us and unless specifically stated or otherwise indicated, all content, including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, buttons, data compilations, icons, code, links, or other electronic files or things that can be uploaded, downloaded, copied from, or posted on the Internet (referred to hereafter as “Site Content”) and protected by intellectual property laws.
The Site is for your own personal noncommercial use.  You may download materials for personal use only.  You may not modify, distribute, transmit, display, or publish any materials contained on the Site without the prior written permission of us or the appropriate copyright owner.  Please refer to the copyright notice for more information.
Site Content owned by third parties available on the Site is used by us pursuant to a license from a third party.  Accordingly, you may not modify, distribute, transmit, display, or publish any materials on the Site, including Site Content owned by third parties, without the prior written permission of us.

6. Copyright Infringement.
If you believe that any Site Content infringes your copyright and you want the Site Content removed from the Site, please send a detailed message to: 

Webmaster at MoneyforStrips
24496 State Route 7, Greenup, KY 41144

1-800-608-6910
support@moneyforstrips.com

Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Linking.
7.1
External Links

The Site may contain links to external, third party sites along with relevant commentary or summaries.
By providing links to other sites, we do not guarantee, approve or endorse the information or products available on those sites, nor does a link indicate any association with or endorsement by us or the Site.
We do not operate or control and have no responsibility for the information, products and/or services found on any external sites. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of
merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and
privacy policies and should be reviewed accordingly.

7.2 Links to the Site
In general, you are free to establish links to the Site so long as the link does not cause any confusion or imply affiliation with, or sponsorship by, us.

7.3 Advertising. 
The Site may contain advertisements. These advertisements may contain links to the advertisers’ sites.
By allowing third parties to advertise on the Site, we do not guarantee, approve or endorse the information, products or services being advertised, nor does the advertisement indicate any association with or endorsement by us or the Site of the advertiser or advertised service or product.
We do not operate or control and have no responsibility for the information, products and/or services found on any external sites linked to through an online advertisement. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your reliance on information contained in any advertisement or the use of any external sites. You should direct any concerns regarding any advertised service or product or an external link to the advertiser or its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and privacy policies and should be reviewed accordingly.

7.4
Survival.
Even after your use of this site has ended, this Agreement shall remain in effect, including in particular sections 1,
2.6, 3-6 and 8-20.

7. 5
Modifications.

The Internet and technology are rapidly changing.  Accordingly, we may modify this Agreement from time to time.  We will contact you if we do so, which is why it is important that you immediately notify us if your email address changes.  We will also put any revised versions of this Agreement on this Site with a notice advising of the change.  You should therefore regularly check this Site for any announcements about revisions and you must keep your contact information current to ensure you are informed of any changes.

8.
Disputes with Us, Choice of Law and Forum, Limitation on the Time to File Actions and Attorney’s Fees

8.1       The Convention for the International Sale of Goods.
The Convention for the International Sale of Goods shall not apply.

8.2      Limitation on the Time to File Actions.
To the extent permitted by law, you agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of this Site or any services we offer no later than one year after the claim or cause of action arose, otherwise these claims will be forever barred.
8.3 California Jurisdiction.
You agree that: (i) our Site and our Services shall be deemed solely based in the State of Kentucky; and (ii) we shall be deemed a passive Web site and our Services do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Kentucky.

8.4 Forum and Venue.
You and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Greenup, KY. Each party shall reimburse the other party for any and all costs incurred by the party in defending such foregoing civil action filed or attempted to be filed by the other party in any jurisdiction outside of Greenup, Kentucky, including but not limited to attorney’s fees, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you.

9.         Disclaimers.
OTHER THEN THOSE WARRANITES EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL CONTRIBUTIONS OR ANY OTHER SITE CONTENTS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.  SUBJECT TO THE EXPRESS TERMS OF THIS AGREEMENT, YOU AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT AND OUR SERVICES.
OTHER THEN THOSE WARRANITES EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10.       No Subrogation.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SUBROGATION CLAIM BROUGHT BY THE OTHER PARTY’S INSURANCE CARRIER.  EACH PARTY
EXPRESSLY WAIVES ANY SUBROGATION CLAIM ON BEHALF OF ITSELF AND ON BEHALF OF ITS INSURANCE CARRIER(S).
11.       Limited Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR INSURANCE CARRIER) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, OUR SERVICES OR THE SITE CONTENTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU OR BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PERFORMANCE OF ANY OF OUR SERVICES, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE LESSER OF THE FOLLOWING:  (A) ONE-THIRD OF THE APPRAISED VALUE OF ALL THE TESTING SUPPLIES THAT YOU SUBMIT TO US, WHICH APPRAISAL WAS ISSUED BY A THIRD PARTY CERTIFIED APPRAISER PRIOR TO THE TIME YOU SHIPPED THE TESTING SUPPLIES TO US; OR (B) ONE HUNDRED DOLLARS ($100).
12.       Indemnity.
You agree to indemnify and hold us, our subsidiaries,
affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, our Services, your use of this Site or the Site Contents in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13.       Entire Agreement.
This Agreement constitutes the entire agreement
between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
14.       Independent Contractors.
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and you
15.       No Third Party Beneficiaries.
This Agreement is between you and us.  There are no third party beneficiaries to this Agreement.
16.
Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17.       Non-Waiver.
Our failure to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or provision
18.       Severability.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible.  If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
19. Electronic Communications
When you visit our Site or send email to us, you
are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provides to you electronically satisfy any legal requirement that such communications be in writing.
20.       Assignment.
You may not assign your rights under this Agreement to
any third party; we may assign its rights under this Agreement without condition.