Terms & Conditions:  Updated September 19, 2023

Innovative Pet Lab reserves the right to change these terms and conditions (“Terms and Conditions”)  at any time. Customers are encouraged to review the Terms and Conditions on a periodic basis for changes and clarifications.

  • Refund Policy
    • This only applies to tests purchased on the Innovative Pet Lab Website or directly from Innovative Pet Lab.  Purchases made from a third party must be directed to them for refunds or cancellations
    • Refunds: 
      • If you placed an order and it has not shipped within 7 days, you are eligible for a 100% refund
      • If you have received your kit and it has been within 30 days of purchase, you are eligible to receive a full refund minus a $10 handling fee.
      • If it has been more than 30 days since your purchase, you are not eligible for a refund.
    • Return Policy:  We do not accept a returned kit.  Please recycle an unused or unwanted kits
    • Cancellations:  You can cancel an order prior to shipment.  Once a kit has shipped it cannot be canceled.  Please see the refund policy for any questions.
    • Payment Methods:
      • Innovative Pet Lab accepts online payment by credit/debit cards only.  Charges to your card occur at the time of your online transaction.  All charges for Innovative Pet Lab are listed in American Dollars ($)
      • Shipping Policy:
        • All kits are shipped to customers USPS ground.  If you would like expedited shipping  you will be charged an additional rate, determined by the quantity and weight of the order placed.  Please contact Innovative Pet Lab directly for more information on expedited shipping.
        • All samples are returned to Innovative Pet Lab through a prepaid USPS two day mail.  Price of shipping is included in the cost of the test
      • Resale Policy: 
        • Innovative Pet Lab issues this resale policy for all Innovative Pet Lab Products.  By purchasing Products from Innovative Pet Lab or an Authorized Innovative Pet Lab Distributor, establishing an Innovative Pet Lab Practitioner Account or by clicking to accept or agree to these terms when presented with this option, you (Authorized Practitioner Account Holder,” “you”, “your”) agree to abide by the terms and conditions herein.  Until such status is otherwise terminated by Innovative Pet Lab, you will be considered an “Authorized Practitioner Account Holder” hereunder.
        • Any Authorized Practitioner Account Holder failing to comply with this Resale Policy will face immediate termination of its account, revocation of its Authorized Practitioner Account Holder status, and/or further legal action.  
          • Manner of Sale:  
            • Authorized Customers:  Authorized Practitioner Account Holder shall sell Products solely to End Users of the Products.  An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party.  Authorized Account Holder will only sell the Products in unit volumes appropriate for individual use.  Authorized Practitioner Account Holder shall not sell or transfer any of the Products to any person or entity that Authorized Practitioner Account Holder knows or has reason to know intends to resell the Products.  
            • Online Sales:  Other than sales through Innovative Pet Lab site or other site operated by an approved Distributor of Innovative Pet Lab on behalf of Authorized Practitioner Account Holder, Authorized Practitioner Account Holder is not permitted to market for sale or sell the Products on the Internet without an express written Agreement with Innovative Pet Lab allowing such conduct.  This prohibition includes, without limitation, to third party facilitated retail or auction websites such as eBay, Amazon.com, Shopzilla.com, or others.
            • Geographic Restrictions:  Authorized Practitioner Account Hold shall not sell, ship, invoice or promote the Products outside of the United States of America or to anyone Authorized Practitioner Account Holder knows or has reason to knowingly intend to ship the Products outside of the United States of America, without prior written consent of Innovative Pet Lab.
            • Sale Practices:  Authorized Practitioner Account Holder shall conduct its business in a responsible and ethical manner at all times, whether engaged in the sale of Innovative Pet Lab’s Products or other products, and shall not engage in any deceptive, misleading or unethical practices or advertising at any time, nor make any warranties or representations concerning the Product except as expressly or authorized by Innovative Pet Lab.  Authorized Practitioner Account Holder shall comply with all applicable laws, rules and regulations related to the advertising, sale and marketing of Product.  Authorized Practitioner Account Holder must represent the Products in a prorated manner and refrain from conduct that is detrimental to the reputation of Innovative Pet Lab.  Authorized Account Holder shall be responsible for the actions of its employees, administrators, agents, contractors or consultants and shall ensure that such personnel comply with the terms herein.  Authorized Account Holder agrees to cooperate with Innovative Pet Lab in any investigation or evaluation of such matters.  
        • MAP Policy:  Innovative Pet Lab has a unilateral Minimum Advertised Price Policy (“MAP Policy”) that applies to all authorized resellers of Products in the United States of America.  This Section is intended to inform Authorized Practitioner Account Holder of the MAP Policy.  It does not constitute consideration for any agreement between Authorized Practitioner Account Holder and Innovative Pet Lab, and does not separately constitute an agreement between Authorized Practitioner Account Holder and Innovative Pet Lab regarding the price charted to customers for the Products.  
      • General Terms of Service and Conditions
        • Innovative Pet Lab is a Georgia LLc, whose principal place of business is 3885 Crestwood Pkwy, Suite 365C, Duluth, GA 30096.  The Terms and Conditions of these Terms of Service comprise a legal agreement between you and Innovative Pet Lab.  Your use of and access to the Innovative Pet Lab Services (as defined below) is subject to and governed by the terms set forth in these Terms of Service
        • Your use of Innovative Pet Lab’s (excluding any services provided by Innovative Pet Lab under a separate written agreement) is subject to the terms of the legal agreement between you and Innovative Pet Lab set forth in these Terms of Service.  Except as specified herein, these Terms of Service apply to any use of the Services, including: submitting a sample for processing; creating and using a Practitioner account; or otherwise interacting with or using the Innovative Pet Lab website
        • By accessing or using the services in any way, you agree to and are bound by this agreement and if you do not accept any of the terms of this agreement or you do not meet or comply with its provisions, you may not use the services.
        • Participation Data
          • Exchange of Licenses.
            • Brand Features. Each Party shall exchange a list of its trademarks, service marks, designs, icons and logos owned and/or controlled, in whole or in part, by such Party or its Authorized Practitioner Account Holders that, subject to the licenses provided herein, may be used in the other Party’s respective marketing efforts in connection with this Agreement (“Brand Features”). During the Term of this Agreement, a Party may use the other Party’s Brand Features as needed for the business purposes set forth in this Agreement; provided, however, that (1) such use complies with any written usage guidelines provided by such other Party, and (2) all goodwill arising therefrom shall inure solely to the benefit of such other Party. Each Party will notify the other Party of any proposed use of such other Party’s Brand Features and the respective Party will have the right to approve or disapprove such use within five days of its receipt of such request. Each Party shall retain all right, title and interest in and to their respective Brand Features.
            • Reservation of Rights. Except as expressly permitted hereunder, neither Party will (1) modify, obscure, or remove any proprietary markings from any of the other Party’s information, products or materials, or (2) sell, sublicense, rent, or provide access to any of the other Party’s technology, products or services. The Parties may separately agree to terms and conditions governing mutual access to each Party’s application programming interface, software development kits, specifications and/or other materials for the purpose set forth in the Agreement.
          • Exchange of Licenses.
            • Brand Features. Each Party shall exchange a list of its trademarks, service marks, designs, icons and logos owned and/or controlled, in whole or in part, by such Party or its Authorized Practitioner Account Holders that, subject to the licenses provided herein, may be used in the other Party’s respective marketing efforts in connection with this Agreement (“Brand Features”). During the Term of this Agreement, a Party may use the other Party’s Brand Features as needed for the business purposes set forth in this Agreement; provided, however, that (1) such use complies with any written usage guidelines provided by such other Party, and (2) all goodwill arising therefrom shall inure solely to the benefit of such other Party. Each Party will notify the other Party of any proposed use of such other Party’s Brand Features and the respective Party will have the right to approve or disapprove such use within five days of its receipt of such request. Each Party shall retain all right, title and interest in and to their respective Brand Features.
              • Reservation of Rights. Except as expressly permitted hereunder, neither Party will (1) modify, obscure, or remove any proprietary markings from any of the other Party’s information, products or materials, or (2) sell, sublicense, rent, or provide access to any of the other Party’s technology, products or services. The Parties may separately agree to terms and conditions governing mutual access to each Party’s application programming interface, software development kits, specifications and/or other materials for the purpose set forth in the Agreement.
              • Confidentiality. Each Party shall, and shall procure that its employees, Authorized Practitioner Account Holders, agents, external advisers and representatives (together, “Representatives”) keep secret and confidential the Confidential Information of the other Party (“Disclosing Party”) using at least the same degree of care in maintaining secrecy as it uses in maintaining the secrecy of its own Confidential Information, but in no event less than a reasonable degree of care (including ensuring the Representatives that receive Confidential Information are bound by terms no less protective of the Confidential Information than the terms of this Agreement), and not disclose the Confidential Information of the Disclosing Party in whole or in part to any other person without the Disclosing Party’s prior written consent, save to its Representatives to the extent necessary to perform its obligations or exercise its rights under this Agreement. “Confidential Information” means any data or proprietary information, trade secrets, and know-how, oral or written, treated as confidential that relates to the Disclosing Party’s past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, developments, services documentation (in whatever form or media provided), inventions, processes, plans, financial information, personal data, revenue transaction volume, forecasts, projections, and the financial terms of this Agreement. “Confidential Information” of a Disclosing Party may include confidential information of third parties for which the Disclosing Party has an obligation to protect as confidential. Notwithstanding the foregoing, “Confidential Information” shall not be deemed to include information if: (1) it was already known to the receiving Party prior to receipt from the Disclosing Party, as established by documentary evidence; (2) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving Party; (3) it has been rightfully received by the receiving Party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (4) it has been approved for release by written authorization of the owner of the Confidential Information; or, (5) it has been independently developed by a Party without access to or use of the Confidential Information of the other Party. Confidential Information will be returned on request of the Disclosing Party.
              • Warranties; Disclaimers. Each Party represents and warrants that: (i) it has full power and authority to enter into this Agreement and to carry out its obligations hereunder; (ii) the execution and delivery of this Agreement and the performance of its obligations hereunder will not result in the breach of any terms and conditions of, or constitute a default under, any other agreement to which it is bound; and (iii) it will perform all of its obligations hereunder in compliance with all applicable laws, rules and regulations. Each Party represents and warrants that, as to its respective Brand Features only, that the Brand Features, when used as permitted under this Agreement, do not infringe, misappropriate or otherwise violate the intellectual property, publicity, privacy, moral or other rights of any third parties, and use of the Brand Features as permitted herein will not result in any obligation by the Party that the Brand Features are furnished to pay any royalties to third parties. Each Party’s sole and exclusive remedy for breach of the foregoing warranty by the other Party is the indemnity set forth in this Section. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES IN RESPECT OF ANY PRODUCTS, SERVICES, INFORMATION OR MATERIALS PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
              • Indemnification
                • By Innovative Pet Lab.  Innovative Pet Lab will defend, indemnify, and hold harmless Authorized Practitioner Account Holder, including Authorized Practitioner Account Holders officers, directors, owners, and employees (collectively, “Authorized Practitioner Account Holder Indemnitee”), from and against any and all losses, liabilities, judgments, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees (collectively, the “Losses”), incurred as a result of any third-party claims, demands, actions, suits, or proceedings (collectively, the “Claims”) relating to the (i) material breach of its representations and warranties by Innovative Pet Lab or (ii) gross negligence, recklessness, or willful misconduct of any Innovative Pet Lab Indemitee.  
                • By Authorized Practitioner Account Holder.  Authorized Practitioner Account Holder will defend, indemnify, and hold harmless Innovative Pet Lab, including Innovative Pet Lab’s officers, directors, owners, and employees (collectively, “Innovative Pet Lab Indemnitee”), from and against any and all Losses incurred as a result of any Claims relating to the (i) material breach of its representations and warranties by Authorized Practitioner Account Holder; (ii) gross negligence, recklessness, or willful misconduct of any Authorized Practitioner Account Holder Indemnitee; (iii) use of any data files provided by Authorized Practitioner Account Holder to Innovative Pet Lab; or (iv) use of the Results by or on behalf of Authorized Practitioner Account Holder.  
                • Procedure.  A Party that intends to claim indemnification under this Section (the “Indemnitee”) will promptly notify the indemnifying Party (the “Indemnitor”) in writing of any such Claim. This indemnity shall not cover any Claims in which there is a failure to give the indemnifying party prompt notice, but only if and to the extent that such failure materially prejudices the defense. The Indemnitor will have sole control of the defense and settlement of the Claim, provided that the Indemnitor will not settle any Claim or otherwise consent to an adverse judgment in a Claim if the same materially diminishes the rights and interest of the Indemnitee (or its officers, directors, owners, and employees) without the Indemnitee’s express written consent, which consent will not be unreasonably withheld, conditioned, or delayed.  The Indemnitee will have the right to participate, at its own expense, with counsel of its own choosing in the defense or settlement of the Claim.  The Indemnitee and its employees, officers, directors, and owners, at the Indemnitor’s request and expense, will provide full information and assistance to Indemnitor and its legal representatives with respect to the Claim.
                • Limitation of Liability. OTHER THAN A BREACH OF SECTION, UNDER NO CIRCUMSTANCES SHALL THE ENTIRE LIABILITY OF EITHER PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID UNDER A SOW. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOSS SUFFERED OR INCURRED BY THE OTHER PARTY, REGARDLESS OF THE FORM OF ACTION, OR ANY LOSS OF REVENUE, PROFITS OR BUSINESS, ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, COSTS OF DELAY, LOST OR DAMAGED DATA, OR THE INCURRING OF LIABILITY FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES, ALL WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER THE PARTIES KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF THE LOSS, INJURY OR DAMAGE IN QUESTION.
                • Governing Law. This Agreement and any SOW thereof shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to Innovative Pet Labs of conflict of law that would result in the application of the laws of another jurisdiction, and the Parties consent to exclusive jurisdiction and venue in any state or federal court located in Georgia with respect to all disputes arising hereunder. The Parties agree that any Party may also petition the court for injunctive relief where either Party alleges or claims a violation of any agreement regarding intellectual property or Confidential Information. 
                • Independent Contractor. It is the express intention of the Parties that each Party perform pursuant to the Collaboration as an independent contractor. Without limiting the generality of the foregoing, no Party is authorized to bind the other Party to any liability or obligation or to represent that such Party has any authority with respect to the other Party. 
                • Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original and together will constitute one and the same agreement. This Agreement may also be executed and delivered by facsimile or electronic mail and that execution and delivery will have the same force and effect of an original document with original signatures.
                • Waiver. Any waiver of the provisions of this Agreement or of a Party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a Party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed as a waiver of the Party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice the Party’s right to take subsequent action. Exercise or enforcement by either Party of any right or remedy under this Agreement will not preclude the enforcement by the Party of any other right or remedy under this Agreement or that the Party is entitled by law to enforce.
                • Severability. If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, the Parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the Parties fail to agree on an amendment, the invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
                • Headings. Headings are used in this Agreement for reference only and will not be considered when interpreting this Agreement.