Terms and Conditions

Terms and Conditions

Please review the following terms and conditions. Indicate your acceptance by selecting the 'Accept Terms' checkbox, and click the 'Log In' button. This will give you access to your TotalAccess data.

TestAmerica’s TotalAccess Terms of Use and Notices

AGREEMENT BETWEEN YOU AND TestAmerica

TotalAccess is a web service operated by TestAmerica Laboratories, Inc. and its affiliates ("TestAmerica") that makes it easy for you to sign in to a web site and view and download documents, including certified lab reports ("Reports") and data.  

For convenience, we will refer to the content on https://secure.testamericainc.com/TotalAccess/ as the "TotalAccess Site." We will refer to the content available on the TotalAccess Site and the services available as part of TotalAccess together as the "TotalAccess Services."

These Terms of Use constitute a legal agreement between you and TestAmerica.  You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the TotalAccess Services.  If you do not accept these Terms of Use in their entirety, you may not access or use the TotalAccess Services.

MODIFICATION OF THESE TERMS OF USE

TestAmerica may wish to update or change the terms, conditions and notices for the TotalAccess Services from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that TestAmerica reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the TotalAccess Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the TotalAccess Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may only use the TotalAccess Services for your own purposes. You must enter into a different legal agreement with TestAmerica if you wish to offer the TotalAccess Services to users of your own application, web site or web service. You may not use any software or hardware that reduces the number of users directly accessing or using the TotalAccess Services (sometimes called "multiplexing" or "pooling" software or hardware).

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the TotalAccess Services except as expressly provided in these Terms of Use.

Both TestAmerica and our Clients desire to protect and preserve the integrity of the Reports and data provided on the TotalAccess Site.  Therefore, you agree to accept all responsibility for and indemnify and hold TestAmerica harmless from all claims or demands from third parties including attorneys' fees and costs incurred by TestAmerica due to alterations or deletions to the Reports, or the use of incomplete Reports.

The results available on this site are provided as a matter of service and convenience for clients of TestAmerica.  They are intended for use only by authorized parties and are confidential in nature.  If you are not an authorized user, do not attempt to enter.  While the results on this site have been verified for accuracy against our Reports, they are not intended as a substitute.  Please contact your TestAmerica Project Manager if you have any questions regarding the available information.

PRIVACY AND PERSONAL INFORMATION

Security of your Personal Information

https://secure.testamericainc.com/TotalAccess/ strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in the United States or any other country where TestAmerica, its subsidiaries, affiliates or agents are located.

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your password, so do not share these with others.

Use of Cookies

To ensure we are publishing content customers need and want, TestAmerica collects aggregated site-visitation statistics using cookies. We do not track individuals' use of the site.

When someone visits the site, a cookie is placed on the customer’s machine (if the customer accepts cookies) or is read if the customer has visited the site previously.

Web beacons, also known as clear gif technology, or action tags, assist in delivering the cookie. This technology tells us how many visitors clicked on key elements (such as links or graphics) on an TestAmerica web page. We do not use this technology to access your personally identifiable information; it is a tool we use to compile aggregated statistics about Web site usage. We do not share tracking information outside of TestAmerica, and do not allow other companies to place clear gifs on our sites.

If you choose to not have your browser accept cookies from the TotalAccess Web site, you will not be able to view the site or experience a personalized visit nor will you be able to use the service offerings on the site.

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify TestAmerica immediately of any unauthorized use of your account. TestAmerica is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES

The web pages that are part of the TotalAccess Services may contain links to other web sites ("Useful Links"). The Useful Links are not under the control of TestAmerica and TestAmerica is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TestAmerica is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is TestAmerica responsible if the Linked Site is not working appropriately. TestAmerica is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TestAmerica of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Useful Links.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TotalAccess Services, you agree that you will not use the TotalAccess Services for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the TotalAccess Services in any manner that could damage, disable, overburden, or impair the TotalAccess Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any TotalAccess account, computer systems or networks associated with the TotalAccess Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TotalAccess Services.

TESTAMERICA'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

TestAmerica wants your voluntary feedback and suggestions on the TotalAccess Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that TestAmerica. needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to TestAmerica concerning the TotalAccess Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting TestAmerica and its affiliated companies permission to:

  • Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
  • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to TestAmerica's use of the materials contained within such feedback or suggestions. TestAmerica is under no obligation to post or use any materials you may provide and may remove such materials at any time at TestAmerica's sole discretion.

SOFTWARE AND CONTENT AVAILABLE ON THE TOTALACCESS SERVICES

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the TotalAccess Services ("Software") is owned by and is the copyrighted work of TestAmerica and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, TestAmerica hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the TotalAccess Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by TestAmerica and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

LIABILITY DISCLAIMER

TESTAMERICA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE TOTALACCESS SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TESTAMERICA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL TESTAMERICA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TOTALACCESS SERVICES, WITH THE DELAY OR INABILITY TO USE THE TOTALACCESS SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE TOTALACCESS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TOTALACCESS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TESTAMERICA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TOTALACCESS SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TOTALACCESS SERVICES.

CUSTOMER SUPPORT

TestAmerica provides information about how to use the TotalAccess Services on the Web pages that are part of the Service. If you have any questions about the TotalAccess Services or any problems that you would like to report, please direct them to webmaster@testamericainc.com.

TERMINATION/ACCESS RESTRICTION

TestAmerica reserves the right, in its sole discretion, to terminate your access to the TotalAccess Services or any portion thereof at any time, without notice.

TestAmerica may also terminate or suspend your access to the TotalAccess Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by TestAmerica. The amount of time that TestAmerica currently considers an "extended" period of time (if any) is described in the FAQ for the TotalAccess Services. Upon termination of your TotalAccess account, your right to use the TotalAccess Services immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the State of Delaware, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Delaware, U.S.A. in all disputes arising out of or relating to the use of the TotalAccess Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TestAmerica as a result of these Terms of Use or use of the TotalAccess Services.

TestAmerica may assign these Terms of Use, in whole or in part, at any time. TestAmerica's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of TestAmerica's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TotalAccess Services or information provided to or gathered by TestAmerica with respect to such use. You agree to indemnify and hold TestAmerica, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the TotalAccess Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and TestAmerica with respect to the TotalAccess Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TestAmerica with respect to the TotalAccess Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the TotalAccess Web Site are: Copyright © 2013 TestAmerica Laboratories, Inc., 4101 Shuffel Street NW, North Canton, OH 44720 U.S.A. All rights reserved.

"TestAmerica" is a registered trademark of TestAmerica Laboratories, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

TestAmerica may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the TotalAccess Services, including the Web pages that are part of the TotalAccess Services. Except as expressly provided in these Terms of Use, the provision of the TotalAccess Services and the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Contact Information

TestAmerica welcomes your comments regarding this Statement of Privacy.

Please contact us by e-mail: helpdesk@testamericainc.com  

or postal mail:

TestAmerica Laboratories, Inc.
4101 Shuffel Street NW
North Canton, OH 44720

June 19th, 2013


By any means gaining access to TestAmerica's data, you agree not to alter any Reports whether in the hard copy or electronic format and to use reasonable efforts to preserve the Reports in the form and substance originally provided by TestAmerica.

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Analytical results on this site have been verified for accuracy against our Reports,but they are not intended as a substitute.
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