Welcome to Consumer Testing Laboratories

Terms and conditions of testing by consumer testing laboratories, inc. and its affiliated companies (hereinafter collectively referred to as "CTL")

By applying for or authorizing testing by ctl or submitting a sample for testing to ctl, you (hereinafter referred to as "client" and/or "supplier") are agreeing to be bound by the following terms and conditions:

1. Laboratory Reports are issued solely by CTL and are intended for the exclusive use of Client and Supplier and shall not be used for advertising or promotion, copied or replicated for distribution, or otherwise disclosed in whole or in part to any person or entity without the prior written permission of CTL.
   
2. Any use of CTL's name and/or seal is strictly prohibited without the prior written permission of CTL.
3. Laboratory Reports set forth the findings of CTL solely with respect to the sample(s) identified therein and the results of testing are not indicative or representative of the quality or characteristics of the lot from which the sample(s) has been taken. A Laboratory Report reflects the findings of CTL at the time of testing based on the written information provided to CTL as set forth in, or attached to, the Application for Testing. The Laboratory Report represents the entire understanding of the parties with respect to the subject matter of such Report and no modification, variance, extrapolation or conclusion with respect thereto shall be permitted without the prior written consent of CTL.
   
4. CTL may, in its sole discretion, destroy samples which have been submitted to CTL for testing and which have not been destroyed in the course of testing. CTL may delegate the performance of all or a portion of the testing services to an affiliate, agent or subcontractor of CTL, and Client and Supplier consents to such delegation.
   
5. Foreign Clients or Suppliers shipping samples containing wildlife, including fish and shellfish, to CTL in the United States must comply with laws governing the exportation and importation of wildlife into the United States. Please consult the U. S. Fish & Wildlife Service's website at http://www.fws.gov/le/index.html for details. Failure to comply with these laws will result in shipments being delayed, returned or confiscated.
   
6. Unless otherwise agreed to in writing by CTL, payment in full for the Laboratory Report shall be due 30 days after the date of invoice. Client (or Supplier, if responsible for testing fees) shall pay interest on any overdue amount from the due date until paid at an interest rate of 1.5% per month. Client (or Supplier, if responsible for testing fees) shall reimburse CTL for any costs it incurs in collecting past due amounts, including attorneys' fees and court costs.
   
7. CTL represents and warrants solely to Client and Supplier that the Laboratory Report is free of any material error or omission caused by the negligence of CTL. If Client or Supplier desires to assert a claim for breach of the foregoing warranty, it must submit a claim to CTL within 60 days after the date of issuance of the Laboratory Report to Client in a writing that sets forth with particularity the basis for such claim. If CTL determines that the claim is timely and that a breach of the foregoing warranty has occurred, then CTL, at its option, may either (a) re-perform the deficient test, without charge to Client or Supplier, or (b) refund to Client or Supplier, without interest, the fee paid to CTL for such Laboratory Report. Client and Supplier waive any and all claims for breach of the foregoing warranty, including, without limitation, claims that the Laboratory Report is inaccurate, incomplete or misleading or that additional or different testing is required, unless and then only to the extent that Client or Supplier submits a written claim to CTL within such 60-day period.
   
8. Except for the limited warranty in paragraph 7, ctl makes no representation or warranty, express, implied, statutory or otherwise, including without limitation, implied warranties of accuracy, completeness, currentness, merchantability, fitness for a particular purpose, or arising from a course of dealing or usage of trade. Regardless of the form of action, whether based on statute or arising in contract, indemnity, warranty, strict liability or tort (including negligence) and regardless of whether ctl has reason to know or in fact knows of the possibility of damage or loss, ctl shall not be liable to client, supplier or anyone else for any indirect, incidental, special, consequential, reliance, punitive or exemplary damages of any kind (including, but not limited to, loss of profit, loss of use of profit, loss of revenue, loss of production, cost of capital, property damage, loss of use of property, or loss of reputation) arising out of or in connection with any services performed by ctl, notwithstanding any provision to the contrary contained herein. The maximum liability of ctl in respect of any claim for loss, damage or expense of whatever kind or nature shall not exceed the fees paid to ctl for the specific testing that gave rise to the claim.
   
9. These Terms and Conditions of Testing shall be governed by, and construed in accordance with, the local laws of the country where CTL performs the tests or, in the case of tests performed in the United States of America, the laws of the State of Arkansas. Any proceeding related to the subject matter of testing shall be brought, if at all, in the courts of the country where CTL performs the tests or, in the case of tests performed in the United States of America, in the courts of the State of Arkansas.
   
10. If there is a discrepancy between the terms and conditions set forth in these Terms and Conditions of Testing and any provisions set forth in the Laboratory Report, Application for Testing or any other writing other than a written agreement for testing services which expressly provides that its provisions shall take precedence over these Terms and Conditions of Testing, these Terms and Conditions of Testing shall govern regardless of any inconsistent provisions of any other writing.
    

Consumer Testing Laboratories, Inc. ("CTL") ("us," "we" or "our") created this Web Site Privacy Policy ("Privacy Policy") in order to ensure the confidence of visitors and customers ("you" or "your") of and to our Web site (the "Site"), and to demonstrate our commitment to fair information practices and the protection of privacy.

As is stated in our Terms and Conditions of Access, you agree that any communication or material you transmit to the site by electronic mail or otherwise, including questions, comments, data and suggestions, becomes property of the Released Parties, and will be treated as nonconfidential and non-proprietary pursuant to this Privacy Policy. Anything you transmit or post may be used by CTL or its affiliates for any purpose such as reproduction, disclosure, broadcast or posting. Images of people or places displayed on the site are either property of, or used with permission by, CTL. The unauthorized use of these images is prohibited unless specific permission is provided. The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of CTL or others.

1. Types of Information Collected

   a. Traffic Data Collected. We automatically track and collect information when you visit our Site, including your: (i) IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We may also use "cookies" to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your password so you do not have to re-enter it each time you visit the Site.

   b. Personal Information Collected. We may request you to provide us with information that personally identifies you ("Personal Information"). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.

2. Uses of Information Collected

   We may use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary.

3. Sharing of Personal Information

   We do not share data with advertisers and other third parties.

4. User Choice Regarding Collection, Use and Distribution of Personal Information

   In the event that you decide to provide information to CTL, you must first agree by our Terms and Conditions of Access.

5. Confidentiality and Security of Personal Information

   Except as otherwise provided in this Privacy Policy, we will keep all information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms and Conditions of Access.

6. Lost or Stolen Information

   You must promptly notify us if you become aware that any information submitted to or provided by this Site is lost, stolen or used without permission.

7. Other Limits to Your Privacy

   The Site may contain links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites. We may also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

8. Updates and Changes to Privacy Policy

   We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.