Terms of Service

1. GENERAL

LabWorthy LLC provides services through its "LabWorthy" websites, programs and computer servers, including but not limited to advertising, and messaging. (All such services are referred to collectively herein as "LabWorthy.") By accessing or using LabWorthy, you are a "user" and you accept and agree to the terms below (the "Terms of Service" or "TOS") as a legal contract between you and LabWorthy LLC. The TOS include and incorporate additional terms ("guidelines") applicable to particular categories or services available on LabWorthy as set forth to users upon access to such categories or services. LabWorthy LLC may post changes to the TOS at any time, and any such changes will be applicable to all subsequent access to or use of LabWorthy.

If you do not accept and agree to all provisions of the TOS, now or in the future, you may reject the TOS by immediately terminating all access and use of LabWorthy, in which case any continuing access or use of LabWorthy is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on LabWorthy.

LabWorthy is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOS grant you a limited, revocable, nonexclusive license to access LabWorthy and use LabWorthy, in whole or in part, including but not limited to LabWorthy LLC intellectual property therein, solely in compliance with the TOS.

"LabWorthy" and "LabWorthy LLC" are trademarks of LabWorthy LLC and are protected by United States and international laws. The TOS do not authorize you to use "LabWorthy," "LabWorthy LLC" or any similar or related marks (including, for example and without limitation, "labworthy" and "Labworthy" and "lab worthy") for any use pertaining to advertising, trading, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with LabWorthy LLC.

2. MODERATION

LabWorthy LLC has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via LabWorthy by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of LabWorthy) by any user (or any other third party in any manner); and to enforce the TOS, for any reason and in any manner or by any means that LabWorthy LLC, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). LabWorthy LLC may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. LabWorthy LLC action or inaction to regulate content or conduct or to enforce against any potential violation of the TOS by any user (or any other third party) does not waive LabWorthy LLC's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOS violation.

You also understand and agree that any action or inaction by LabWorthy LLC or any of its members, directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "LabWorthy LLC Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOS violation is undertaken voluntarily and in good faith, and you expressly agree that neither LabWorthy LLC nor any LabWorthy LLC Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOS.

Although LabWorthy LLC Representatives may moderate content, conduct and TOS compliance on LabWorthy at LabWorthy LLC's discretion, LabWorthy LLC Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of LabWorthy LLC will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of LabWorthy LLC will otherwise stop, cure or prevent any problem, content, conduct or purported TOS violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any LabWorthy LLC Representative (or by anyone else acting on behalf of LabWorthy LLC or by anyone purportedly acting on behalf of LabWorthy LLC) that LabWorthy LLC (including but not limited to any LabWorthy LLC Representative, anyone else acting on behalf of LabWorthy LLC, or anyone purportedly acting on behalf of LabWorthy LLC) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOS violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that LabWorthy LLC, LabWorthy LLC Representatives and anyone else authorized to act on behalf of LabWorthy LLC shall in no circumstance be liable as a result of any representation that LabWorthy LLC, a LabWorthy LLC Representative or anyone else on behalf of LabWorthy LLC would or would not restrict or redress any content, conduct or potential or purported TOS violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by LabWorthy LLC's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

LabWorthy LLC also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of LabWorthy at any time without notice.LabWorthy LLC and LabWorthy LLC Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content
LabWorthy LLC does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from LabWorthy includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via LabWorthy); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to LabWorthy would violate these TOS or LabWorthy LLC's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on LabWorthy and all such prohibitions are expressly incorporated into these TOS as stated in section 1 above.

You automatically grant and assign to LabWorthy LLC, and you represent and warrant that you have the right to grant and assign to LabWorthy LLC, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to LabWorthy LLC all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold LabWorthy LLC and LabWorthy LLC Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOS. This indemnification obligation includes payment of any attorneys' fees and costs incurred by LabWorthy LLC or LabWorthy LLC Representatives.

b. Conduct
LabWorthy LLC does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to LabWorthy, and, if you create an account on LabWorthy, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold LabWorthy LLC and LabWorthy LLC Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to LabWorthy or LabWorthy LLC, and related to or arising out of any conduct or activities on, through or by use of your LabWorthy account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by LabWorthy LLC or LabWorthy LLC Representatives.

4. POSTING AND ACCOUNTS

This section 4 applies to all uses and users of LabWorthy, unless LabWorthy LLC has specifically authorized an exception to a particular term for a particular user in a written agreement. LabWorthy LLC has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings


Users may not circumvent any technological measure implemented by LabWorthy LLC to restrict the manner in which content may be posted on LabWorthy or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent LabWorthy accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to LabWorthy on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to LabWorthy using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to LabWorthy LLC for each instance of access to LabWorthy (by any user or other third party) using that automated means.

Affiliate marketing by LabWorthy users is expressly prohibited on LabWorthy. Users may not post content or communicate with any LabWorthy user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b. Accounts
A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOS.

A user may create an account only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.

A user must only use his/her own account and may not use any account of another.

The purchase and sale of accounts is expressly prohibited.

A user must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. The circumvention of any technological restriction or security measure in the account creation is also expressly prohibited.

5. UNAUTHORIZED ACCESS AND ACTIVITIES

This section 5 applies to all uses and users of LabWorthy, unless LabWorthy LLC has specifically authorized an exception to a particular term for a particular user in a written agreement.LabWorthy LLC has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of LabWorthy for its users, access to LabWorthy and/or activities related to LabWorthy that are harmful to, inconsistent with or disruptive of LabWorthy and/or its users' beneficial use and enjoyment of LabWorthy are expressly unauthorized and prohibited. For example, without limitation:

The collection of LabWorthy users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of LabWorthy or any content posted on LabWorthy whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access LabWorthy without individual written agreements executed with LabWorthy LLC that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant LabWorthy website, service, forum or content; (b) they access LabWorthy from a stable IP address using an easily identifiable agent; and (c) they comply with LabWorthy LLC's robots.txt file; provided however, that LabWorthy LLC may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access LabWorthy without their own written agreement executed with LabWorthy LLC), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of LabWorthy to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with LabWorthy (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access LabWorthy or copy, display, distribute, perform or create derivative works from LabWorthy webpages or other LabWorthy LLC intellectual property in violation of the TOS or for purposes inconsistent with the TOS, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on LabWorthy or any provision of the TOS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of LabWorthy webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of LabWorthy LLC pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of LabWorthy in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of LabWorthy in compliance with the TOS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of LabWorthy in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOS.

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

LabWorthy LLC and LabWorthy LLC Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.