Terms of Use

Welcome to Pro-Lab Diagnostics USA. By accessing or using our website https://pro-lab.us and related services, including the Microbank® Marketplace platform, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Pro-Lab Diagnostics USA ("Pro-Lab," "we," "our," or "us"). By using our website, products, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

2.2 Account Registration

To access certain features (e.g., placing orders, using the Microbank® Marketplace), you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3. Use of Services and Products

3.1 Permitted Use

Our products and services are intended for professional, research, and clinical diagnostic use only. You agree to use our services solely for lawful purposes and in accordance with applicable regulations, including but not limited to:

• FDA regulations for in vitro diagnostic (IVD) devices
• CLIA requirements for clinical laboratory testing
• ISO 13485 quality management standards
• Good Laboratory Practice (GLP) guidelines

3.2 Prohibited Use

You agree not to:

• Use our products or services for any unlawful or unauthorized purpose
• Violate any local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the rights of others
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Use our services to harass, abuse, or harm others
• Collect or harvest personal data from other users without consent

4. Product Information and Orders

4.1 Product Descriptions

We strive to provide accurate product descriptions, specifications, and pricing. However, we do not warrant that product descriptions or other content are error-free. We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice.

4.2 Orders and Pricing

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product unavailability
• Pricing or product information errors
• Suspected fraudulent or unauthorized transactions
• Failure to meet eligibility or regulatory requirements

4.3 Payment

Payment is required at the time of order placement. We accept payment via credit card, wire transfer, or other methods as specified. All prices are in U.S. dollars unless otherwise stated.

5. Shipping and Delivery

Shipping costs and delivery times vary based on product type, destination, and selected shipping method. Cold chain products (e.g., Microbank® storage beads) require expedited shipping and appropriate handling. Risk of loss and title pass to you upon delivery to the carrier.

6. Returns and Refunds

Due to the nature of our diagnostic and biologic products, returns and refunds are subject to strict policies:

• Products must be unopened, unused, and in original packaging
• Cold chain or temperature-sensitive products may not be returnable
• Custom or special-order products are non-returnable
• Returns must be requested within 30 days of delivery
• Refunds (if approved) will be issued to the original payment method

Please contact support@pro-lab.us to request a return authorization.

7. Intellectual Property Rights

All content, trademarks, logos, and intellectual property on our website and in our products are owned by or licensed to Pro-Lab Diagnostics USA. This includes but is not limited to:

• Prolex®, Microbank®, Amniotest®, Transvelope®, Pro-LIMS®, and Pro-Amp™ trademarks
• Website design, text, graphics, logos, and images
• Software, algorithms, and proprietary technologies
• Research data, technical documentation, and publications

You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

8. Disclaimer of Warranties

OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that services will be uninterrupted or error-free

We do not warrant that our products will meet your specific requirements or that results obtained will be accurate or reliable in all circumstances.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO-LAB DIAGNOSTICS USA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Costs of procurement of substitute products or services
• Personal injury or property damage arising from use of our products

Our total liability for any claim arising out of or related to these Terms shall not exceed the amount paid by you for the product or service giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pro-Lab Diagnostics USA and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorneys' fees) arising from:

• Your use of our products or services
• Your violation of these Terms
• Your violation of any third-party rights
• Your misuse of our products or failure to follow instructions

11. Regulatory Compliance

Our products are regulated by the U.S. Food and Drug Administration (FDA), Clinical Laboratory Improvement Amendments (CLIA), and other regulatory bodies. Users are responsible for:

• Ensuring compliance with all applicable laws and regulations
• Obtaining necessary licenses, certifications, and permits
• Following proper laboratory procedures and safety protocols
• Reporting adverse events or product complaints as required

12. Modification of Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

13. Termination

We may suspend or terminate your access to our services at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or regulatory non-compliance.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Pro-Lab Diagnostics USA is headquartered, without regard to conflict of law principles.

Any disputes arising from these Terms or use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

If you have any questions about these Terms, please contact us:

Pro-Lab Diagnostics USA
Email: support@pro-lab.us
Legal Inquiries: legal@pro-lab.us