Terms And Conditions

Acceptance of Terms and Conditions

By purchasing or using any products offered on Breathtestingathome.com (the “Website”) or by accessing, browsing and using the Website, you agree to be subject to the following terms and conditions (“Terms and Conditions”) as well as all other applicable laws. We reserve the right to update or modify these Terms & Conditions of use or to update or modify the Website without prior notice. If you do not agree to these Terms & Conditions, please do not use the Website.

Returns and Exchanges

If you decide that you no longer want to take the test and wish to receive a refund, do not open the kit.  Only kits that have not been opened are eligible for a refund.  Please return the kit to: Metabolic Solutions, Inc. , 460 Amherst Street, Nashua, NH 03063.  Include your complete name, address and telephone.  We will credit your credit card account for the cost of the kit minus a $20.00 restocking fee.

Refunds will be credited back to your credit card within 7 days of receipt of merchandise.  We recommend using a traceable shipping method so that your shipment is not lost. We will be responsible for shipping charges back to Breath Testing at Home only when we have shipped incorrect or defective items.

Shipping Policy

All orders within the United States are shipped via USPS First Class mail.  Delivery times may vary depending on the stock of availability.  Please allow 7-14 business days for delivery of in-stock items.

Breath Testing at Home order cutoff time is 3PM EST.  Orders placed after 3PM are processed on the next business day.

We may request additional information concerning your order at our discretion.  This may include signing a disclaimer to charge your credit card for larger orders as well as additional shipping information.  We may require that the shipping address be the same as your billing address.  If any of these situations arises, we may contact you concerning your order either by phone or email.

All time frames are estimated. They will depend on item availability, order time placed and shipping service providers. They do not represent any guarantee.

If you request that your delivery address be adjusted after the order has shipped you will be required to pay the additional fee incurred for re-routing.

International Shipping

We ship outside of the United States.  Some limitations apply.  All orders for international shipments must be placed by calling the company directly at 603-598-6960 or emailing us at info@breathtestingathome.com. International shipments are not eligible for free shipping.  Shipping costs will be added to your credit card.  Also, you will be responsible for the shipping cost of returning the breath specimens to the laboratory

Breath Testing at Home is not responsible for lost or delayed shipments due to delivery companies or customs handling.  Buyers are responsible for any custom fees or taxes that may apply to their order.  These fees will not be added to the order total and cannot be estimated by Breath Testing at Home.

Availability of Products

Breath Testing at Home makes no claim or guarantee as to the availability of any specific product.  Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order).

Assignability

In the event you transfer or assign to a third party your interests in products or services provided by Breath Testing at Home, such assignee shall be subject to and legally bound by these Terms and Conditions.

Testing Products Offered Solely for Assessing Wellness

All testing products offered on the Website are offered solely for assessing wellness. The assessments are not substitutes for consulting with a healthcare professional.  Although we stand by our products and strive to offer testing products with the highest level of reliability, the products and services offered by Breath Testing at Home are not intended to constitute legally admissible test results in any litigation, arbitration or other legally binding forum.

Disclaimer

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED BY BREATH TESTING AT HOME ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  BREATH TESTING AT HOME DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Release of Liability

You are accessing, using or browsing the Website at your own risk. Breath Testing at Home and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, Breath Testing at Home and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither Breath Testing at Home and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if Breath Testing at Home has been advised of the possibility of such damages.

YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY BREATH TESTING AT HOME WILL BE REPLACEMENT OF DEFECTIVE OR NONCONFORMING PRODUCTS, OR AT SELLER’S OPTION, REFUND OF THE PURCHASE PRICE.  SELLER IS NOT TO BE LIABLE FOR CONTINGENT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR SERVICE OFFERED BY BREATH TESTING AT HOME.

Indemnification

You agree to defend, indemnify and hold Breath Testing at Home harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website, your use of Breath Testing at Home products and services, and/or your breach of any representation, warranty, or other provision of these Terms & Conditions.

Costs and Expenses of any Subsequent Legal Action

In the event you or Breath Testing at Home institutes any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.

Choice of Law, Forum Selection

This Agreement shall be construed in accordance with the laws of the State of New Hampshire, without regard to any conflict of law provisions.  Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New Hampshire, County of Hillsborough.

Privacy

Your privacy and the privacy of all registered users of Breath Testing at Home is important to us.  Accordingly, we have adopted the following privacy policy.  Please review this policy each time you use the site as it is subject to change at any time without notice to you.

Type of Information Collected.  In connection with your use of the Website, we ask for and may collect a variety of information from and about you in various ways.  For example, when you purchase an item from our site, we may ask for and store your information; including, but not limited to, name, address, email address, billing/shipping/payment information and other identifying data.

Disclosure and Use of InformationBREATH TESTING AT HOME WILL NOT SHARE YOUR INFORMATION WITH ANY THIRD PARTY.  We may from time to time send you an email about new products and services.  You have the right to opt out of receiving emails from Breath Testing at Home.

Privacy of “Confidential Testing Information”

Breath Testing at Home will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter “Confidential Testing Information”).  Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, test or specimen ID #, test dates, test times, test results, type of test, test conditions, or identity of person requesting test.

Except as set forth herein, Breath Testing at Home will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties.  You may authorize, in writing, the release of your testing results to third parties, and Breath Testing at Home assumes no liability resulting from such authorized release of information.

In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, Breath Testing at Home will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by Breath Testing at Home.

Security Policy

We understand your concerns for personal security when placing orders or giving out personal information on the Internet.  That’s why providing a secure shopping environment is one of Breath Testing at Home highest priorities.  We use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we restrict access to any transactional portions of our Website to computers running web browsers that support Secure Socket Layer (“SSL”) protocol.  To use this protection technology, you need to have a SSL-capable browser, such as Netscape Navigator 4.5 or higher, Microsoft Internet Explorer 4.5 or higher.  These browsers will automatically activate the technology when you log on to our Website.

Any information you voluntarily disclose online in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission.  Furthermore, if you provide any information to parties who operate Websites that are linked to or from our Website, different rules may apply to their collection, use or disclosure of your personal information.  We encourage you to review these sites’ policies before revealing any sensitive or personal information.

Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet.  We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

Miscellaneous

There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided however that recipient of Breath Testing at Home products or services shall become subject to these Terms and Conditions.

In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.

You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.