These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Lab Llama, LLC (“we”, “us”, or “our”), regarding access to and use of services provided by the labllama.com website. These terms extend to any other media format, channel, website, or mobile application related thereto (collectively, the “Site”). Supplemental terms and conditions that may be posted on the Site are hereby expressly incorporated herein by reference.

You agree that by accessing the Site, you have read, understood, and agree to these Terms and Conditions. Correspondingly, if you do not agree with all of the Terms and Conditions, you are expressly prohibited from using our services.

We reserve the right to make changes or modifications to these Terms and Conditions at any time. You will be alerted to such changes by an updated "Version" date in the Terms and Conditions document. You waive any right to receive specific notice of such changes, however, it is our intent to notify you of such changes via email as a convenience. Please ensure that you check the applicable Terms when using our Site so that you are aware of which Terms apply as you will be bound by revised Terms and Conditions upon the continued use of the Site.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such would be contrary to law or regulation or that would subject us to any registration requirement. Accordingly, persons who choose to access the Site are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site was not built to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. You may neither use this site if your interactions would be subject to such regulations nor if your usage would violate the Gramm-Leach-Bliley Act (GLBA). The Site is intended for users of at least 18 years of age. Persons under the age of 18 or who are considered minors in their local jurisdiction are not permitted to use or register for the Site.

The Site is provided "AS IS" and on an "AS-AVAILABLE" basis, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. You agree that your use of the Site and our services will be at your sole risk. We may assign any and/or all of our rights and obligations to others at any time.

In no event shall the authors, creators or copyright holders be liable for any loss, claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Site. This includes, but is not limited to, damages incurred by an interruption or cessation access to the Site, or any bugs, viruses, or other malicious code that is transmitted by the site.

Safety information that is accessed via the Site (i.e. chemical hazard codes, uploaded MSDS data, etc.) is enabled as a courtesy to the user. This information should be double-checked. The majority of this information is entered by the user and may be summarized or depicted graphically by the Site. In no event shall the authors, creators, or copyright holders be liable for any claim, damages or other liability, arising from inaccurate safety information.

These Terms and Conditions shall remain in full effect while you use the Site.

We reserve the right to, at our sole discretion and without notice or liability, deny site access and usage (including by IP address blocking), to any person or entity. We may terminate your use of the Site at any time or delete your account and any content or information that you provided at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party unless you receive our expressed written and notarized consent.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action including, without limitation, pursuing civil, criminal, and injunctive indemnification.

By using the Site, you represent and warrant that:

1. All registration information you provide is true, accurate, current, and complete;
2. You will maintain the accuracy of registration information and promptly make updates as needed;
3. You have the legal capacity and you agree to comply with these Terms and Conditions;
4. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
5. You will not use the Site for any illegal or unauthorized purpose; and
6. Your use of the Site will not violate any applicable law or regulation.

If you provide registration information that is any way untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any use of the Site indefinitely.

To use our services, you will be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account.

We reserve the right to remove, reclaim, or change a lab name or user name you select if we find, at our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.

We will maintain certain data that you transmit to the Site for the purpose of Site management, as well as data relating to your usage of the Site. Although we perform regular routine backups of data, you are solely responsible for data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of data, and you hereby waive any right of action against us arising from such.

We take data privacy and security seriously. We will not sell or intentionally release any of your personal identifying information or inventory details to third parties. Any information that we communicate to third parties will be aggregated and anonymized. For instance, we may provide information regarding the number of users of the Site from a particular geographic region (state, province, or country, for instance) to assist advertisers with ad targeting. Should you choose to curate your advertising parameters, this information may also be shared with third parties in aggregate with that of all users to protect your privacy.

The Site is managed from the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then by your continued use of the Site you agree to have your data transferred to and processed in the United States.

Our services may use limited cookie information to enhance security, streamline user login, and manage site display elements. Cookies are neither to be used for advertising purposes nor sold to third parties. Acceptance of our Terms and Conditions grants your consent to cookies.

We accept payments through Stripe, an international online payment processing platform that accepts many credit cards, mobile wallets, and other payment services in more than 135 currencies.

Purchasing and/or payment of fees may be required to access some of our services.

You agree to provide current, complete, and accurate purchase and account information for all purchases made for access to the site. As most of our customers are from academic institutions which may have frequently-updating payment credentials, we do not automatically collect renewal payments. As such, you agree to maintain updated account contact information so that we can notify your institution, administrator, or users with payment reminder emails. Failure to renew your subscription will result in account deactivation upon expiration.

Sales tax will be added to the price of purchases as we deem required. If you claim any exemption from paying sales tax, VAT, or similar fees, we may require documentation of such licenses or privileges. This documentation must be provided to us within 30 days of our written request to you or we may, at our sole discretion, suspend your account.

We may change prices at any time, with prices being indicated in U.S. dollars. We reserve the right to correct any errors in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed.

We offer a 30-day free trial to new administrative account holders who register with the Site. Users associated with their administrator will have access during the same 30-day trial period. Payment is not required for initiating the 30-day trial, however, the subscription will be suspended unless upgraded to a paid version by the end of the trial period.

You can deactivate your subscription at any time by contacting us at support@labllama.com. Full cancelation will take effect at the end of the current paid term.

You acknowledge and agree that any questions, comments, suggestions, feedback, or other statements regarding the Site ("Submissions") provided by you to us are non-confidential and become our sole property. We shall hold exclusive rights, including all intellectual property rights, and be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any Submissions, and you hereby warrant that any such Submissions are original by you or that you have the right to submit such. You agree there shall be no action taken against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Visiting the Site, sending email correspondence, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that agreements, notices, disclosures, and other communications we provide you electronically (via email or on the Site) satisfy all legal requirements that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS INCLUDING SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

We reserve the right, but not the obligation, to, at our sole discretion and without limitation, notice or liability:

1. Monitor the Site for violations of these Terms and Conditions;
2. Take appropriate legal action against anyone who we believe, at our sole discretion, violates the law or these Terms and Conditions, including without limitation reporting to law enforcement authorities;
3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
4. Remove from the Site or otherwise disable all files and content that are malicious or damaging to our systems; and
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We reserve the right to modify, replace, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience software, hardware, or other problems or may need to perform maintenance related to the Site, which may result in interruptions, delays, or errors.

We reserve the right to modify, revise, update, suspend, or discontinue the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection to it.

There may be content on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct, change, or update information on the Site at any time and without prior notice.

Unless otherwise indicated or subject to a separate (typically open-source) license, the Site is our proprietary property. This includes all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphical elements provided by the Site (collectively, "our Content”). This additionally includes the trademarks, service marks, and logos ("our Marks”) which are furthermore protected by copyright laws, trademark laws, and other intellectual property rights and unfair competition laws of the United States and internationally. Users retain intellectual property rights to content that they upload to our site ("user-provided Content").

Our Content and our Marks are provided on the Site “AS IS” for your information and use only. No part of the Site, our Content, or our Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access so long as our Content and our Marks are not being used for commercial or exploitative purposes. We reserve all rights not expressly granted to you in and to the Site, our Content, and our Marks.

The Site provides a platform for you to create, submit, post, display, transmit, publish, and distribute content and materials. This includes but is not limited to text, video, audio, photographs, graphics, comments, personal information, or other material (collectively, "your Contributions").

Your Contributions, including your name, email address, and user name may be viewable by other users of the Site with appropriate permissions. This is mostly restricted to your account administrator, though your name will also be displayed in correspondence with your Contributions. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
2. You also represent and warrant that you are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner dictated by the Site and these Terms and Conditions;
3. Should it apply, you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use their name and or likeness;
4. Your Contributions are not false, inaccurate, or misleading;
5. Your Contributions are not unsolicited or unauthorized advertising;
6. Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse;
8. Your Contributions are not used to harass or threaten;
9. Your Contributions do not violate any applicable law, regulation, or rule.;
10. Your Contributions do not violate the privacy or publicity rights of any third party;
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of these Terms may result in immediate or eventual suspension or termination of your access to the Site.

By posting your Contributions to any part of the Site, you automatically grant to us--and you represent and warrant that you have the right to so--unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, copy, reproduce, and archive your Contributions for the purpose of delivering and backing up your data for you and users associated with your account(s).

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

You may not access or use the Site for any purpose other than its intention. The Site may not be used for any commercial endeavors except those that are specifically endorsed by or approved by us.

As a user of the Site, you agree that you will not:

1. Retrieve data or other content from the Site that is not exclusively derived from your Content;
2. Copy or adapt the Site’s software, including but not limited to PHP, HTML, CSS, JavaScript, or other code;
3. Engage in any automated access or system use;
4. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
5. Upload or transmit malicious code that in any way impairs, disrupts, alters, or interferes with the use, functionality, maintenance, or security of the Site or privacy of its users.;
6. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
7. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
8. Circumvent, disable, or otherwise interfere with security-related features of the Site;
9. Trick, defraud, or mislead us or other users;
10. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
11. Use any information obtained from the Site to harass, abuse, or harm;
12. Make improper use of our support services or submit false reports of abuse or misconduct;
13. Harass, annoy, intimidate, or threaten any of our employees or agents;
14. Engage in unauthorized framing of or linking to the Site;
15. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
16. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretense;
17. Use the Site as part of any effort to compete with us or otherwise use the Site and/or our Content for any revenue-generating endeavor or commercial enterprise;
18. Use the Site to advertise or offer to sell goods and services without our expressed written agreement;
19. Sell or otherwise transfer your profile; or
20. Use the Site in a manner inconsistent with any applicable laws or regulations.

Our services are “commercial items” as defined in Federal Acquisition Regulation (FAR) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (DOD), our services are subject to the terms of these Terms and Conditions in accordance with FAR 12.212 (for computer software) and FAR12.211 (for technical data). If our services are acquired by or on behalf of any agency within the DOD, our services are subject to the terms of these Terms and Conditions in accordance with Defense Federal Acquisition Regulation (DFARS) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms and Conditions.

In no event will we be liable to you or any third party for any direct, indirect, incidental, or punitive damages, including lost profit, revenue, or data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in these Terms and Conditions, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to $100.00.

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you. Your utilization of our application is subject to all Terms and Conditions.

Specifically, you will not:

1. Remove, alter, or obscure any proprietary notice (including logos, notice of copyright, or trademark) posted by us or the licensors of the application;
2. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
3. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application;
4. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
5. Make any modification, adaptation, improvement, enhancement, translation, or derivative work of the application;
6. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
7. Use the application to send automated queries to any website or to send any unsolicited e-mail; or
8. Violate any applicable laws, rules, or regulations in connection with your access or use of the application.

The following terms apply for Apple and Android Devices: When you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site, you acknowledge that:

1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, in full accordance with the App Distributor’s Terms of Service;
2. We are responsible for providing any maintenance and support for the mobile application as required under applicable law;
3. The App Distributor has no obligation to furnish maintenance and support services with respect to the mobile application;
4. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its Terms and Policies. This may result in a refund the purchase price, if any, to the maximum extent permitted by applicable law.
5. The App Distributor will have no other warranty obligation with respect to the mobile application;
6. You are not located in a country that is subject to a U.S. government embargo, or one that has been designated by the U.S. government as a “terrorist-supporting” country
7. You are not listed on any U.S. government list of prohibited or restricted parties; and
8. You will comply with applicable third-party terms of agreement when using the mobile application including those of the App Distributor.

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such materials are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in these materials. Inclusion of, or linking to, Third-Party Websites or Third-Party Content does not imply approval or endorsement by us.

If you decide to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk; our responsibilities under these Terms and Conditions will no longer apply. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility in relation to such purchases or data exchange (personally-identifying or otherwise) which are exclusively between you and the applicable third party. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall not hold us accountable for any harm caused by your contact with or purchases made from such sites.

We may allow advertisers to display advertisements and other information in certain areas of the Site. If you are an advertiser, you take full responsibility for any advertisements you provide to the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We reserve the right to review, approve, deny, and deliver advertisements at our sole discretion in accordance with any terms or contracts agreed upon between you and us.

These Terms and Conditions and your use of the Site are governed by--and construed in accordance with--the laws of the State of New York. These Terms and Conditions and your use of the Site are applicable to agreements made--and to be entirely performed--within the State of New York, without regard to its conflict of legal principles.

If any complaint with us is not resolved satisfactorily, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd.
Suite N 112
Sacramento, CA 95834
1-800-952-5210

You agree to indemnify us for and hold us harmless from any loss, damage, liability, claim, or demand (including reasonable attorneys’ expenses and fees) made by any third party due to or arising from:

1. Your Contributions;
2. Use of the Site;
3. Breach of these Terms and Conditions; or
4. Your violation of the rights of a third party, including but not limited to intellectual property rights

Regardless of the aforementioned, we reserve the right--at your expense--to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims at your expense. We will use reasonable efforts to notify you of any claim, action, or proceeding which is subject to such indemnification upon becoming aware of it.

These Terms and Conditions operate to the fullest extent permitted by law. Our failure to exercise and/or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that element is deemed severable from these Terms and Conditions and does affects neither the validity nor the enforceability of any remaining provisions. These Terms and Conditions and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement between you and us.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic nature of these Terms and Conditions and/or the lack of signing by the parties hereto to execute these Terms and Conditions.

Lab Llama, LLC
54 State Street, Suite 804 #4164
Albany, NY 12207
United States of America
admin@labllama.com