Terms of service

Last updated: June 19, 2023

These Terms and Conditions (“Terms” or “Agreement”) constitute a legally binding agreement between you (“you”) and Affordable Allergy Testing LLC, (“Company”, “we”, “our”, and “us”) and set forth our obligations and responsibilities when you purchase or use Affordable Allergy Testing LLC’s products or services. The Affordable Allergy Testing LLC. brand products and services include, but are not limited to: the websites or mobile applications where these terms are posted (“Sites”), products and services offered on those Sites, including but not limited to Comprehensive Sensitivity & Imbalances Test, Sensitivity & Imbalances Test, Food Intolerance Test, Vitamins & Minerals Test, Environmental Intolerance Test, Pet Intolerances & Imbalances Test, Pet Food Intolerance Test, Pet Food & Environmental Intolerance Test, Pet Raw Food Intolerance Test, Pet Raw Food & Environmental Intolerance Test, Pet Environmental Intolerance Test, Pet Vitamins & Minerals Test, Pet Metals & Minerals Test, Equine Health Test, and BlueGreen Algae Water Test (collectively, the “Affordable Allergy Testing Products”). The Sites and the Affordable Allergy Testing Products are collectively referred to herein as “Services.” By registering on the Site, making a purchase, or browsing the Site, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal age to form a binding contract, and (3) you have the authority to enter into this Agreement.

Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between you and Affordable Allergy Testing LLC.

IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 18) and “DISPUTE RESOLUTION” (Section 19) below for more information.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE SITES OR PURCHASE ANY AFFORDABLE ALLERGY TESTING PRODUCTS.

Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We reserve the right to change these Terms, and we will notify you of changes by posting notice on this webpage or sharing it via e-mail. Whenever possible, we will notify you in advance of our changes. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms.
About the Services

Affordable Allergy Testing provides biometric testing and related services for humans, dogs, cats, and other animals (“Subjects”). The Affordable Allergy Testing Products are not intended for use with any other type of Subject than those specified when you purchase your Affordable Allergy Testing Products. When you purchase one of the Affordable Allergy Testing Products, we will send a sample collection kit (“Kit”) to the shipping address listed on your order. The Kit will include, among other things, instructions to (i) activate the Kit by creating or accessing your online account (“User Account”); (ii) obtain a suitable sample for the Affordable Allergy Testing Product you have selected (“Sample”); and (iii) return the Sample to Affordable Allergy Testing for analysis. After Affordable Allergy Testing receives and processes your Sample, results will be made available on your User Account for a limited time.
The Services Are Provided for Research, Informational, and Educational Purposes Only

The Affordable Allergy Testing Products and Services are not a substitute for professional health and veterinary care. Each Subject is unique, and their physical and behavioral traits will be the result of multiple factors, including genetics, biometrics, training, handling, and environment. The Affordable Allergy Testing Products are not intended to diagnose diseases or predict behavior in any particular Subject.

Affordable Allergy Testing is intended for personal use. Affordable Allergy Testing Products are not intended to be used to prove the pedigree or purebred status of a Subject and you are expressly prohibited from using the Affordable Allergy Testing Products and Services as a way to establish the pedigree of a Subject, or otherwise use the Affordable Allergy Testing Products or Services for any unauthorized purposes. Affordable Allergy Testing shall not be liable for any unauthorized use of the Affordable Allergy Testing Products. Without limiting any other provisions in this Agreement, in no event will Affordable Allergy Testing be liable for any harm resulting from the commercial or personal use of the Products and Services.
User Accounts

You must register for a User Account to access certain aspects of the Services, including to activate Kits and to view test results. As part of any such registration process, you must provide certain information, including your name, contact information, and a password. You agree that the information you supply during the registration process will be accurate and complete.

You are solely responsible for preserving the confidentiality of your password, and you agree to notify Affordable Allergy Testing of any known or suspected unauthorized use of your User Account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your User Account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Affordable Allergy Testing immediately. Affordable Allergy Testing reserves the right to access and disclose any information including, without limitation, users’ names and other information to comply with applicable laws and lawful government requests or to enforce our rights. Additionally, Affordable Allergy Testing has the right to terminate or delete any User Account for violation of these Terms.
Kits Not for Resale or Transfer

You certify that all information you provide to us is accurate. You warrant that you are entitled to obtain and supply Samples to Affordable Allergy Testing. Unless authorized by Affordable Allergy Testing, Kits may not be resold, transferred, or assigned for any purpose. If Affordable Allergy Testing becomes aware that a Sample has been submitted for an animal that is not eligible for testing, Affordable Allergy Testing reserves the right to cancel the order without refund or compensation to you.
Additional Information about Specific Affordable Allergy Testing Products

Please read below for Affordable Allergy Testing Product-specific information. Please note that Affordable Allergy Testing might offer additional or different Affordable Allergy Testing Products and Services that are not discussed below. In addition, Affordable Allergy Testing reserves the right to offer new Affordable Allergy Testing Products and Services that are not referenced in these Terms and to modify, improve, and discontinue current Affordable Allergy Testing Products and Services.
Food and Dietary Recommendations

Affordable Allergy Testing Products, including services such as screening for genetic disease mutations, breed identification, and predicted weight profile, can be used to help craft nutritional and dietary recommendations for your Subject. Each individual animal’s dietary and nutritional needs will vary. Consult with a doctor or veterinarian whenever crafting a nutritional plan for your Subject.
Other Products and Services

From time to time, Affordable Allergy Testing may offer new or different products or services or modify its current offerings. Such additional products or services are part of the Affordable Allergy Testing Products and are subject to these Terms.
Retention and Use of Test Results and Samples

You acknowledge and agree that Affordable Allergy Testing may establish general practices and limits concerning your use of the Services, which may be modified from time to time, including, but not limited to, the minimum or maximum period of time that test results or Samples will be retained and accessible to you. You acknowledge and agree that Affordable Allergy Testing has no responsibility to, or liability for the failure to, store any messages, test results, other communications, or other content maintained or transmitted by the Services.

Kits and Samples may be disposed of or stored at Affordable Allergy Testing’s option. Kits and Samples will not be returned to you. User Accounts and the Sites are not intended to provide a permanent record of test results. You acknowledge that you are solely responsible for saving or printing copies of test results if you wish to maintain records of any test results.
Ownership of Rights

By purchasing and/or using the Affordable Allergy Testing Products, you acknowledge and agree that Affordable Allergy Testing may use, share, or sell any portion of the Kit, the Sample, test results, and any other data or information collected about Subjects, for research and development purposes, for internal business purposes, for statistical purposes, to improve the Services, to increase the understanding of a breed’s genetic structure or characteristics, or for any other purpose permitted by applicable law, and that such materials or information may be shared with, disclosed or sold to third parties for these or other lawful purposes. You further acknowledge and agree that Affordable Allergy Testing and its designated licensees shall have all intellectual and other proprietary rights in and to any test results, research findings, analyses, reports, records, data, or other information arising from Affordable Allergy Testing’s use of the rights granted herein.
Privacy

You agree to be bound by our Privacy Policy which is incorporated herein by reference and can be found on our Privacy Policy page.
Purchases, Shipping, and Delivery

If you place an order for an Affordable Allergy Testing Product, the order is subject to our acceptance. If we are unable to accept your order, we will inform you by email and will not charge you for the Affordable Allergy Testing Product.

Further, we reserve the right, with or without notice, to cancel or reduce the quantity of products in any order or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms, including but not limited to the prohibition on commercial, non-personal use or resale of the Affordable Allergy Testing Products. Further, we may, at our discretion, require further authorization, such as a telephone confirmation of your order and other information, from you.
Prices and Payments

Unless otherwise specified, all prices are charged in the applicable currency in the location where the order is placed. Customers may be charged credit card fees for currency conversion from non-USD currencies to USD, as applicable. Fees may vary based on currency exchange rates.

We accept the following bank or credit cards: Visa, PayPal, MasterCard, American Express and Discover.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If you purchase any Affordable Allergy Testing Products, you will be responsible for paying any applicable sales tax indicated on the Sites or as otherwise required by your state.
Affordable Allergy Testing Product Promise

If you are unhappy with an Affordable Allergy Testing Product that you purchased from 5strands.com and have not used the product, then your Affordable Allergy Testing product may be covered by Affordable Allergy Testing’s Product Promise; for details please see Return Policy. Please note that the Product Promise applies to Affordable Allergy Testing products themselves, and not laboratory results or other ancillary services. For questions regarding our Product Promise, you may contact: info@5strands.com.
Affiliate Program

We may offer you the opportunity to participate in affiliate programs, including the Affordable Allergy Testing Affiliate Program, through which you can receive a percentage of the sale generated by you referring purchases of an Affordable Allergy Testing Product (“Affiliate Programs”) on the Site. Your participation in any Affiliate Program, each of which shall constitute an Affordable Allergy Testing Panel “Service” under these Terms, constitutes your agreement to these Terms and any other Affiliate Program-specific terms communicated to you by us.

You must be 18 years or older to be part of this Program.
You must live in the United States to be an Affiliate.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person - a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. Affordable Allergy Testing – 5strands.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
One person or legal entity may not maintain more than one account.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the Affiliate Program to earn money on your own Affordable Allergy Testing – 5strands.com product accounts.

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Affordable Allergy Testing – 5strands.com. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Affordable Allergy Testing – 5strands.com. You must ensure that each of the links between your site and the Affordable Allergy Testing – 5strands.com properly utilizes such special link formats. Links to the Affordable Allergy Testing – 5strands.com placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on an Affordable Allergy Testing – 5strands.com product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate links should point to the page of the product being promoted.

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to 5strands.com and complete an order for a product during that session. We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased, or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments only begin once you've earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold. As long as your current affiliate earning are over $20, you'll be paid each month. If you haven't earned $20 since your last payment, we'll pay you the following month after you've crossed the threshold.

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: - The technical operation of your site and all related equipment - Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site) - The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links) - Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) - Ensuring that materials posted on your site are not libelous or otherwise illegal - Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

By participating in a Referral Program, you agree: not to send multiple emails to the same email address or otherwise use spam or unsolicited commercial email, fax messages, text messages, or telephone marketing; attempt to inflate your rewards by circumventing or otherwise compromising our systems; post ads or links on any third-party website or any third party advertising platforms; or violate any federal or state law including the CAN-SPAM Act, state anti-spam laws, and regulations and guidelines issued by the Federal Trade Commission and Federal Communications Commission. If you are notified by us that a person has requested to “opt-out” of receiving emails from you or Affordable Allergy Testing Panel, you may not send further emails to that person’s email address for the purposes of inducing a Referral. Affordable Allergy Testing Panel reserves the right to suspend or terminate a member at any time without notice or explanation.

Affordable Allergy Testing in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Affordable Allergy Testing service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Affordable Allergy Testing reserves the right to refuse service to anyone for any reason at any time.

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Affordable Allergy Testing will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Additional Terms

You agree not to: (1) access, copy, distribute, or otherwise use the Sites or the Services, except as authorized by this Agreement (2) use any automated system, including without limitation “robots” “spiders” or “offline readers”; (3) interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Sites or Services; (4) collect or harvest any personally identifiable information, including account names, from the Sites or Services; (5) stalk, harass, threaten, bully or harm another individual or transmit any obscenity or pornography; (6) impersonate any person or entity or misrepresent your affiliation with a person or entity; (7) create more than one user account; (8) collect, scrape, or store data about other users; (9) commit fraud; (10) post ads or links on any third-party website or any third party advertising platforms; or (11) violate any federal or state law. Without limiting the foregoing, you agree to use the Sites and Services in compliance with all laws and to provide truthful and accurate content in all communications made to us.

Additional or separate terms may also apply to the Affordable Allergy Testing Product(s) you use and purchase. Any additional terms will be specified with the relevant Affordable Allergy Testing Product and those additional terms become a part of your agreement with us if you use those products.
Use of Affordable Allergy Testing Content

YOU MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR THE PURPOSES SPECIFIED IN THESE TERMS.

The Sites include content such as text, documents, records, photos, videos, and other content that is owned by or licensed to Affordable Allergy Testing. You may use this content only as necessary for your personal use, unless otherwise authorized by Affordable Allergy Testing in writing. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Sites or any portion of such content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites, or frame, deep link, publicly display, broadcast, stream, transmit, modify, publish, sublicense, assign or otherwise distribute the content on the Sites without our prior written consent. You may not circumvent any mechanisms included on the Sites for preventing the unauthorized reproduction or distribution of content on the Sites. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Sites, including Affordable Allergy Testing’s servers, computer network, or User Accounts.

Any use of the Sites or the Affordable Allergy Testing Products not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws. If you violate these Terms, your permission to use the Sites automatically terminates.
Intellectual Property

The names, trademarks, service marks, and logos of Affordable Allergy Testing belong exclusively to Affordable Allergy Testing LLC, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark of Affordable Allergy Testing or any third party.

You may provide content to us, including messages, reviews, comments, photos, video, images, folders, data, text, and other types of works (“User Content”) and publish User Content on the Services. By providing User Content to us, including via the Sites, telephone, text message, mail, email, chat, or otherwise, or by publishing or posting any User Content on third-party websites, platforms, or social media websites or applications, you grant us a nonexclusive license to use, share, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your User Content, and derivative works of your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. By providing User Content to us via the Services or otherwise, you affirm, represent, and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Affordable Allergy Testing to use and distribute your User Content as necessary to exercise the licenses granted by you in this section; your User Content, and the use of your User Content as contemplated by these Terms, do not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) contain false or misleading content; or (iv) cause Affordable Allergy Testing to violate any law or regulation or otherwise cause liability for Affordable Allergy Testing; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, lewd, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You expressly agree that Affordable Allergy Testing shall be under no obligation to compensate you for any User Content.

Affordable Allergy Testing is reserves the right, but does not undertake the obligation, to edit or control User Content that you or other users post or publish. If notified that User Content allegedly does not conform to these Terms, we reserve the right (but do not undertake the obligation) to investigate the allegation and determine in our sole discretion whether to remove the User Content, which may do at any time and without notice.
Third-Party Websites

The Sites may contain links to third-party websites and services, including academic publications and social media (collectively, “Linked Sites”). Linked Sites are not under the control of Affordable Allergy Testing and Affordable Allergy Testing is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site.
Assignment

You shall not resell or assign your rights, duties or obligations under these Terms, and any attempted assignment or delegation will be void and of no force or effect whatsoever. These Terms may be assigned by Affordable Allergy Testing, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor. In each such event, the personal information we have collected from you, the Samples, test results, and analyses of the Samples, may be among the assets transferred.
Disclaimers of Warranties & Limitations of Liability

The Site and the Products are provided to you “AS IS” and “AS AVAILABLE.” WITHOUT LIMITING THE FOREGOING, AFFORDABLE ALLERGY TESTING DOES NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE SITE AND THE SERVICES. AFFORDABLE ALLERGY TESTING DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES OR PRODUCTS WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, AFFORDABLE ALLERGY TESTING IS NOT RESPONSIBLE FOR ANY ERRORS IN OBTAINING THE SAMPLE OR FOR ANY INJURIES OR LOSS THAT MAY OCCUR AS A RESULT, OR THE ACCURACY OR RESULTS OF SAMPLE ANALYSES.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF AFFORDABLE ALLERGY TESTING TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, PURCHASE OF ANY AFFORDABLE ALLERGY TESTING PRODUCTS, ANY COMMUNICATIONS BETWEEN YOU AND AFFORDABLE ALLERGY TESTING (INCLUDING COMMUNICATIONS THROUGH THIRD PARTIES), AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID AFFORDABLE ALLERGY TESTING IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S). SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

LEGAL NOTICE FOR NEW JERSEY RESIDENTS: The limitations of liability and exclusion of damages in this section do not apply to New Jersey residents.
Dispute Resolution

Any dispute relating in any way to your visit to or use of the Site, the Services, your purchase or use of any Affordable Allergy Testing Products, your relationship or communications with Affordable Allergy Testing (including indirect communications through third parties), or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Georgia, without regard to principles of conflict of laws. You and Affordable Allergy Testing agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator.

If a Dispute arises under this Agreement, you agree to first contact us at 1-833-600-8378 (phone) or info@5strands.com (email). Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Georgia: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Site, purchase a Product, or submit information through the Site to opt out of this arbitration agreement, by contacting us by email at info@5strands.com or by mail at 595 Old Norcross Rd, Ste D, Lawrenceville, GA, US, 30046. If you do not opt out by the earliest of the date that you visit the Sites, purchase a product, or submit information to us through the Sites, then you are not eligible to opt out of this arbitration agreement.
Termination

Affordable Allergy Testing reserves the right, in its sole discretion, to modify, suspend, or terminate any aspect of the Site or the Services, including the Affordable Allergy Testing Products, in whole or part, for any reason, with or without notice.
Notice to California Residents

With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Sites, California residents are entitled to the following specific consumer rights information:

The provider of the Sites is:

Affordable Allergy Testing, LLC
595 Old Norcross Rd, Ste D,
Lawrenceville, GA, US, 30046

To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact Affordable Allergy Testing via e-mail at info@5strands.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.