Disclaimer

IRON LABORATORIES

IRON Laboratories is a leader in testing, inspection and certification of medicinal products. It is IRON LABS mission to provide knowledge for the benefit of patients, caregivers, and producers to help them achieve the best possible outcomes. As Michigan's premiere medicinal testing center, we combine ongoing research with our years of expertise to bring you accurate, consistent and reliable detailed information about medicinal products. As the needs of our community evolve, we are here to meet and exceed your expectations, and will be here as a constant, dependable resource.

IRON Laboratories – Terms of Account Profile – for establishing web site login account

By completing the New Member Account Profile and logging into the Iron Labs’ Customer Extranet, you hereby agree to and hereby accept that the following terms and conditions shall govern.

IF YOU DO NOT WISH TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, DO NOT COMPLETE THE NEW MEMBER ACCOUNT PROFILE OR LOG INTO THE CUSTOMER EXTRANET SITE.
Subject to the terms and conditions of this Agreement, IRON LABS LLC allows you to set up a Customer Extranet account and to access certain IRON LABS LLC online programs and services contained on the Customer Extranet Site (collectively, the "Services")

By accessing the Services, you agree to the terms that appear on the Customer Extranet Site for those Services provided on the Customer Extranet Site, as modified by IRON LABS LLC from time to time. IRON LABS LLC will notify you of any change. Your use of the Services after you receive such notice from IRON LABS LLC will constitute your agreement to such changes. You also agree to pay to IRON LABS LLC the amount due, if any, for online programs and counseling services immediately upon invoice.

As part of the Services process, you will provide certain account profile information to IRON LABS LLC. You must ensure that the information you provide is accurate and promptly updated. You are responsible for all use of your IRON LABS Customer Extranet account and online programs and services by anyone authorized by you to use your UserName and password. You agree not to make your password or other means of access to your IRON LABS Customer Extranet account available to any unauthorized individuals. If you believe that your password has been compromised, you must notify IRON LABS LLC immediately through the "contact us form" contained in the IRON LABS Customer Extranet Site and promptly choose another password using the online Edit My Account Profile function. You are solely responsible for establishing and updating your IRON LABS Customer Extranet account.

As part of the Services you may have access to certain IRON LABS documents. These documents are made available in electronic form and are intended solely for the internal use of IRON LABS LLC's Members, its agents and employees. You hereby agree that any retransmission or reproduction of any IRON LABS document shall be done in its entirety including the Notice of Disclaimer:

NOTICE OF DISCLAIMER: IRON LABS LLC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND EXPRESS OR IMPLIED (INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR PARTIULCAR PURPOSE) WITH RESPECT TO THE COMPLETENESS OR ACCURACY OF DOCUMENTS PROVIDED BY THIS SERVICE.

Access to sensitive documents and data is controlled by a digital certificate issued to IRON LABS LLC. As long as your browser shows its secure mode symbol (e.g., a key or closed lock), your information will be transmitted securely but is not necessarily safe from intruders or third parties. You have limited access to the files associated with your IRON LABS LLC Membership number/User account Number(s) based on IRON LABS LLC's internal records and the information you provide.

IRON LABS LLC reserves the right to terminate this Agreement with or without cause at any time. If IRON LABS LLC terminates this Agreement without cause, IRON LABS LLC will remove any access to your Customer Extranet account and the Services thirty (30) days after date of notice to you.

If you breach any of the terms of this Agreement, IRON Laboratories LLC has the right, in its sole discretion, to suspend your Customer Extranet account, participation in the Services or terminate this Agreement. In either case, IRON LABS LLC shall have the right, in its sole discretion, to immediately remove your access to your Customer Extranet account and the Services. IRON LABS LLC reserves the right to pursue any remedies available to it in equity or at law.

You agree to defend, indemnify and hold IRON LABS LLC, its trustees, officers, employees and agents harmless from and against any claims, demands, damages, causes of action, loss or judgments arising out of or in connection with this Agreement, the Services or the use of your Customer Extranet account.

IRON Laboratories LLC reserves the right to interrupt or discontinue the access and service and to modify the text, content and the images of the Customer Extranet Site. IRON LABS LLC may, in its sole discretion, change or discontinue any aspect of the Service at any time, including its content or features.

IRON Laboratories LLC DOES NOT WARRANT THAT THE SERVICES AND ACCESS WILL BE UNINTERRUPTED OR ERROR FREE. IRON LABS LLC PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. IRON LABS LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICIRON LABSAR PURPOSE. IN NO EVENT WILL IRON LABS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, ACCESS TO ANY OF THE EXTRANET PAGES AND SERVICES DESCRIBED IN THIS AGREEMENT (EVEN IF IRON LABS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT OR SOFTWARE. THE FOREGOING SHALL APPLY REGARDLESS OF ANY NEGLIGENCE (simple, gross, etc.) OF IRON LABS LLC AND REGARDLESS OF WHETHER SUCH LIABILITY IS FOUND IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY.

You may choose to terminate this Agreement and your Customer Extranet account by providing IRON LABS LLC with thirty (30) days’ notice.

Any notice required to be given under this Agreement shall be via electronic mail to the address you provided in your account profile, your business address, or to the News section at the site and shall be deemed given on the date that the electronic mail is received by the other party or the electronic notification is posted on the site or the date the notice is mailed to your business address. Your notice to IRON LABS LLC must be sent to IRON LABS LLC Customer Service.

Any failure by either party to insist upon the performance of any provision of this Agreement shall not constitute a waiver of any rights under the Agreement or future performance of that provision.

You may not sell, assign or otherwise transfer any of your rights or obligations under this Agreement without the prior written consent of IRON LABS LLC. IRON LABS LLC may assign or delegate certain of its rights or responsibilities under this Agreement to any of its affiliates, independent contractors or other third parties.

This Agreement shall be governed by the laws of the State of Michigan, USA without reference to its choice of law principles. Any action related to this Agreement or shall only be filed in the federal or state court having subject matter jurisdiction in Oakland County, Michigan. The parties hereby consent to the exercise of personnel jurisdiction by the state courts located in Oakland County, Michigan and the US federal court in Detroit, Michigan.

This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior communications, understandings, representations, negotiations and discussions, written or oral, between the parties regarding the subject of this Agreement.

You represent and warrant that you have the right to enter into this Agreement.

IRON Laboratories CERTIFICATION MARKS

All current IRON LABS Marks may be found at http://www.ironlaboratories.com/marks.
Artwork for each Mark is available for instant download.
In addition to the Mark artwork, you will find information about properly ordering, promoting and using Marks and labels.

IRON LAB CERTIFICATION MARK (Standard, Priemer, IRON)
- No right to use for existing (old) standard membership accounts
- Rights to use the IL Certification marks may only be obtained by converting to a New Customer Membership Account

IRON Laboratories PRODUCT CERTIFICATION MARK AND Q PRODUCT CODE [EACH TESTED PRODUCT IS ASSIGNED A UNIQUE Q CODE IN THE IL DATABASE WHICH SHALL BE COMBINED NEXT TO THE CERTIFICATION MARK]

TERMS AND CONDITIONS

(To which all parties agree by accepting this Purchase or Authorization.)

1. IRON LABS CERTIFICATION MARKS - Labels bearing the common law and the registered trademark(s) of IRON LABS must not be released or delivered to any person or point other than as specified on this Purchase Order or Authorization.

2. NUMBERING - No IRON LABS Certification Marks bearing any serial or issue number other than as authorized on this Purchase Order or Authorization are to be manufactured.

3. Client agrees not to order more than a three-month supply of IRON LABS Certification Marks unless authorized by IRON LABS.

4. QUANTITY - Only the exact quantity of IRON LABS Certification Marks covered by this Purchase Order or Authorization shall be manufactured. Regardless of any trade practice, any overruns shall be destroyed immediately. Written notice of such destruction of overruns shall accompany the shipping notice and invoice of the Purchase Order or Authorization.

5. Only the elements of the IRON LABS Mark have been reviewed. Other markings that may appear on this same label must comply with the IRON LABS Procedure description.

6. The Registered trademark of IRON LABS LLC as authorized for printing and described in this Purchase Order or Authorization must be the current and appropriate trademark, in the proper dimensions, as it appears on http://www.IRON LABS.com/marks

7. PACKING - All IRON LABS Certification Marks must be securely wrapped in sealed packages in the quantities indicated. Each package must be identified with the type of IRON LABS Certification Mark, part number, name of IRON LABS Client (if indicated), and issue or consecutive numbering contained therein. All metal IRON LABS Certification Marks must be banded together before packing.

8. SHIPPING - All shipments must be F.O.B. DESTINATION unless otherwise specified.

9. Issue or consecutive numbering identified on this Purchase Order or Authorization must be shown on all invoices and shipping notices.

10. DELIVERY - IRON LABS reserves the right to cancel any Purchase Order or Authorization if IRON LABS Certification Marks are not finished and ready for release within 120 days.

11. SUBCONTRACT - The Registered trademark(s) of IRON LABS LLC shall be reproduced on or applied to labels, nameplates, or other material covered by this Purchase Order or Authorization only by the company at the address designated as Vendor on this Purchase Order or Authorization.

12. The Vendor further agrees that he/she will not at any time manufacture, release or deliver to any person any labels, including samples, bearing the common law and/or Registered trademark(s) of IRON LABS LLC, or wording such as, "IRON Laboratories Inc Certified", without express written approval from IRON LABS.

13. Unused pressure sensitive IRON LABS Certification Marks must be destroyed after 3 years from the date of this Authorization Order. IRON LABS Certification Marks of any type must be destroyed if service with IRON LABS is discontinued. There will be no reimbursement or replacement for IRON LABS Certification Marks destroyed.

14. REFUNDS - IRON LABS will not issue a refund of applicable charges after 60 days from the date of this Authorization to produce IRON LABS Certification Marks.

15. None of the terms and conditions herein above set forth can be changed or altered by any means whatever without express written approval from IRON Laboratories.  TERMS AND CONDITIONS (To which all parties agree by accepting this Label Release Order)