Edge Information Management, Inc. (“Edge”) makes certain drug testing kits (“Drug Testing Kits”) available for sale to third-parties. You are a party seeking to purchase one or more Drug Testing Kits. By purchasing any Drug Testing Kits, you agree to following terms and conditions:
General Legal Compliance
You shall comply with all laws applicable to the ordering, receipt, or use of Drug Testing Kits from Edge.
Additional Acknowledgements and Disclaimers Regarding Drug Testing and Kits
With respect to the Drug Testing Kits, you understand and acknowledge the following:
- Edge does not collect any samples for purposes of drug testing. All sample collection shall be conducted by you and/or the party subject to drug testing. Read the instructions, manuals and other user documentation that comes with each Drug Testing Kit carefully. Edge is not involved in the manufacture of the Drug Testing Kits sold and will not advise on the use or operation beyond the manufacturers’ guidelines. You are urged to use all Drug Testing Kits safely and in accordance with the manufacturer’s guidelines.
- Drug Testing Kit results will indicate (where possible) whether certain drugs are detected in the sample that was subject to the Drug Testing Kit. Potential drugs to be detected may include but may not be limited to: Test For Marijuana, Cocaine, Opiates, Methamphetamine, Amphetamine, Phencyclidine, Benzodiazepines, Methadone, Ecstasy, Oxycodone, Buprenorphine, Tramadol, Fentanyl, Ethyl GlucuronideHowever, Drug Testing Kits are not guaranteed to be 100% accurate all of the time or to reflect any and all possible positive results. Various factors, environmental and otherwise, can result in false negatives and false positives in the results from the Drug Testing Kits. Edge is not liable for the damages and/or accidents as a result of the use of the Drug Testing Kits.
No Medical Advice
You acknowledge that Edge is not a medical provider and offers no advice or guidance as to how the results provided by the Drug Testing Kits should be used by you or the subjects of the tests. You and all subjects of drug testing may wish to consider consulting with experts in the medical profession before taking any action or making any decision related to drug testing and/or Drug Testing Kits.
Responsibility for Decision-Making
You accept full responsibility for any decision or adverse action made in part or whole on the results from the Drug Testing Kits provided by Edge.
Warranties, Remedies, and Indemnification
- Edge is providing the Drug Testing Kits to You “AS IS”. EDGE makes no representation or warranty whatsoever, express or implied, including, but not limited to, implied warranties of merchantability or fitness for particular purpose or implied warranties arising from the course of dealing or a course of performance; EDGE expressly disclaims any and all such representations and warranties.
- You shall indemnify and hold harmless Edge, its affiliates, and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ and accounting fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity, related to: (i) any breach by you of these Terms and Conditions, (ii) your violation of applicable laws or ordinances, (iii) your negligence, misconduct, recklessness, errors or omissions; or (iv) your collection, use, or disclosure of Drug Test Kits samples or results.
- EDGE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF EDGE WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. IN ADDITION, EDGE SHALL NOT BE LIABLE TO YOU FOR AN AMOUNT THAT EXCEEDS THE HIGHER AMOUNT OF THE TOTAL FEES PAID BY YOU TO EDGE FOR THE DRUG TESTING KIT(s) AT ISSUE or $500. Both parties agree that the prices afforded to YOU are premised on this cap on damages.
Fees and Invoices
You shall be responsible for paying all costs and fees for Drug Testing Kits that you order. Price and availability of Drug Testing Kits is subject to change without notice.
Forum Selection and Choice of Law.
Florida law and federal law will govern these Terms and Conditions for all matters except for collections. The parties agree that any legal disputes other than collection matters will be handled in the appropriate state court in Florida or the appropriate federal court in Florida. Both parties agree that personal jurisdiction exists in Florida.
Validity of Terms and Conditions
The invalidity or unenforceability of any one provision of these Terms and Conditions shall not impair the validity and enforceability of the remaining provisions.
The obligation of Edge to perform under these Terms and Conditions shall be excused if caused by matters beyond its reasonable control, including, without limitation, pandemic, government regulation or law, war or insurrection, civil commotion, destruction of production facilities or material by earthquake, fire, flood, storm or other natural disaster, labor disturbances, epidemic or failure of suppliers, public utilities or common carriers.
For Your Use Only
Drug Testing Kits are sold to you for your use only. They may not be resold or transferred to unrelated third-parties under any circumstances.
No Third-Party Beneficiaries
Except as specifically provided for herein, these Terms and Conditions shall not confer any rights or remedies upon any person other than the parties hereto and their respective successors and permitted assigns.
The failure of either party to insist on prompt performance of their duties shall not constitute a waiver of that duty.
These Terms and Conditions constitute the entire acceptance between the parties and supersede all prior understanding, written or oral, between the parties with respect to the subject matter hereof.