TickCheck Terms of Use & Privacy Policy
Legal Information
Terms of Use - TickCheck.com
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TickCheck.com. By using the TickCheck.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TickCheck.com Website) or you are a "Customer" (which means that you have purchased or used TickCheck's services and/or products). The term "User" refers to a Visitor or a Customer.
You are only authorized to use TickCheck.com (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TickCheck.com Website and discontinue use of the TickCheck.com Services immediately. By using the TickCheck.com Services, you acknowledge your acceptance of this Agreement in its entirety.
Indemnification of Responsibility
While we make every effort to maintain true and up-to-date information on the website, we cannot be held responsible for incorrect information or the results of using any information on the website.
TickCheck offers laboratory tick testing services. While our test results can be useful in determining your risk of exposure to tick-borne diseases, you understand that our testing services are intended for informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease. Your receipt of a negative tick test from TickCheck cannot guarantee that you will not contract the disease tested for, nor does a positive tick test from TickCheck imply that you will necessarily contract the disease identified by the test. Additionally, while PCR-based testing is extremely accurate, there is always the small possibility of a false positive or negative. To learn more about the uses and limitations of laboratory tick testing, see our FAQ.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, employees, and related parties from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
Disclaimer of Warranties
You understand and agree that the information on this site is provided "AS-IS", and does not constitute medical advice. Our information comes with no actual or implied warranty, and is provided to you at your own risk. Use of TickCheck's tick testing services are intended for informational purposes, and we recommend you consult your doctor to make any diagnostic or treatment decisions. We expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
TickCheck.com cannot replace a licensed doctor or medical professional. The information provided by TickCheck.com is not intended as professional or medical advice, and you understand that any information or advice provided by the TickCheck.com or our staff, affiliates, or associates is for use solely at your own risk and without liability or warranty of any kind.
Risk of Loss; Shipping Responsibility
Customer is solely responsible for all risk of loss, damage, or delay to items shipped to TickCheck until such items are physically received and signed for by TickCheck at its facility. TickCheck is not liable for any items lost, stolen, or damaged in transit. Customer agrees to use a reputable carrier that provides tracking and delivery confirmation and to insure shipments for the full replacement value of the item.
Service Interruptions
TickCheck does not guarantee uninterrupted or error-free service. Services may be delayed, suspended, or made unavailable due to circumstances outside TickCheck’s reasonable control, including but not limited to failures of suppliers, shortages of materials, equipment malfunctions, labor issues, or contractor performance issues.
TickCheck shall not be liable for any damages arising from such delays or interruptions.
Force Majeure
TickCheck shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, labor disputes, governmental actions, power or internet outages, supply chain disruptions, failure or delay of suppliers or subcontractors, shortages of materials or equipment, transportation delays, or failures of third-party service providers.
In such events, TickCheck’s obligations shall be suspended for the duration of the delay, and TickCheck may extend timelines or cancel affected services without liability.
Sample Identification; Risk of Error
Customer is solely responsible for accurately labeling and submitting specimens, including ensuring that all submission forms, identifiers, and accompanying information are complete and correct. TickCheck relies on the information provided by Customer to identify and process specimens.
While TickCheck implements commercially reasonable procedures designed to track, handle, and test specimens, laboratory processes are subject to inherent risks, including but not limited to mislabeling, misidentification, contamination, or administrative error.
TickCheck shall not be liable for any loss, damage, or claim arising from or related to the misidentification, mix-up, contamination, or loss of a specimen, except to the extent caused by TickCheck’s gross negligence or willful misconduct.
In the event of a confirmed error in specimen identification or handling, Customer’s sole and exclusive remedy shall be, at TickCheck’s option:
- re-testing of a replacement specimen, if available; or
- a refund of the fees paid for the affected service.
TickCheck shall not be liable for any indirect, incidental, consequential, or special damages arising from any specimen error, including but not limited to medical decisions, treatment costs, or loss of use of results.
Scope of Services
TickCheck provides laboratory analysis exclusively on tick specimens submitted by customers. TickCheck does not accept or test standalone human or animal blood, serum, tissue, or other bodily fluids submitted independently of a tick specimen.
Limited Host Blood Analysis
As a supplementary service, TickCheck may, where sufficient material is present within a submitted tick, analyze residual blood contained within the tick specimen for the limited purpose of determining whether such blood is of human or animal origin.
Customer acknowledges that any such analysis is performed solely on material contained within the tick and does not constitute testing of a human or animal sample submitted for diagnostic purposes.
Not a Medical Laboratory
TickCheck is not a clinical or medical laboratory and does not perform diagnostic testing on any individual. All services are limited to analysis of tick specimens and related contents for informational and research purposes.
No Diagnosis or Clinical Determination
Results, including any determination regarding the origin of blood detected within a tick, do not diagnose, confirm, or rule out any disease, infection, exposure, or medical condition in any human or animal. Such results do not establish whether any individual has been bitten, infected, or exposed to a pathogen.
No Medical Advice
TickCheck does not provide medical or veterinary advice. Customers should consult a licensed healthcare or veterinary professional for any medical concerns.
Customer Acknowledgment
By using the services, Customer acknowledges and agrees that:
- testing is performed on tick specimens only;
- any host blood analysis is incidental and limited to material contained within the tick; and
- TickCheck’s services do not constitute medical or veterinary diagnosis or testing.
Exclusive Remedy
In the event of a service failure or delay, Customer’s sole and exclusive remedy shall be, at TickCheck’s option, either (a) re-performance of the affected service, or (b) a refund of the fees paid for such service.
Any claims for loss or damage occurring during transit must be filed by Customer directly with the shipping carrier. TickCheck shall reasonably cooperate in providing documentation confirming non-receipt where applicable.
Refund Policy
Upon request of the Customer, TickCheck shall cancel services and fully refund the Customer at anytime before TickCheck has received and processed the sample. The reason for cancellation is not required. To do so, the Customer must contact the support team at 1-866-713-TICK during regular business hours (9-5; Mon-Fri). The Customer can also email a support request at any time with the TickCheck Support Request Form. TickCheck will carry out the cancellation as quickly possible.
Note: it will take 5-10 days to for the credit to appear on your statement.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF:
- THE USE OF OR THE INABILITY TO USE THE SERVICE
- THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
- ANY OTHER MATTER RELATING TO THE SERVICE
External Websites
We may provide organic or advertiser's links to content on external web sites that are not controlled or influenced by TickCheck.com. We cannot be held responsible for any of the content or information contained on these external sites, and we do not necessarily endorse these sites or the views they present.
Copyrighted Material
All original material on the website is copyrighted by TickCheck.com unless explicitly stated otherwise. You agree that you will not copy, retransmit, or modify any of the content provided by the website without obtaining explicit permission from TickCheck.com. Permissions can be obtained by contacting us directly.
If you believe information on TickCheck.com is in violation of a copyright you hold, please contact us directly. Any confirmed infringing material will be removed as soon as possible.
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the services provided by TickCheck shall be resolved exclusively through binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if the claim qualifies.
Arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Stroudsburg, Pennsylvania, unless the parties agree otherwise.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
Class Action Waiver
Customer agrees that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as part of a class action, collective action, or representative proceeding.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.
Privacy Policy - TickCheck.com
In this policy, we'll spell out what information our site collects, and how it is used. Please note that this policy may change at any time without notice.
- Registration for Services - TickCheck.com may collect Personal Information from you during the process of purchasing or ordering our Services and Products. This information will be used to fulfill your Order, and may be shared with trusted TickCheck Partners in order to ensure your Order is properly fulfilled. TickCheck may use your personal information to contact you in the future regarding your Order, or to provide additional information about our services. We will never share or sell your personal information with an unrelated third party for any purposes, unless required by law.
- Support Phone Calls - TickCheck.com may monitor or record your customer support phone calls for quality control and training purposes. We will never share or sell your personal information with an unrelated third party for any purposes, unless required by law.
- Privacy of your Payment Information - We do not currently collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.
- Privacy of your Sensitive Information - While we do not currently collect or maintain any patient medical records, we recognize that many of our customers consider their tick test results to be sensitive information. Our service utilizes state-of-the-art SSL encryption and information security methods to ensure the safety and privacy of your personal information.
- Web Analytics and Tracking - TickCheck.com uses web analytics to track anonymous use data including (but not limited to) IP address, browser information, usage history, etc. No personally identifiable information is collected. We may share this aggregate, anonymized data with third party partners, or when required by law.
- Cookies - TickCheck.com may use cookies directly to improve your experience by remembering key settings or preferences. You may disable this at any time through your browser privacy settings. Third-party partners may also use cookies, as described below.
- Third-Party Analytics - Certain third-party plugins used across the website may include additional analytics or tracking codes or cookies. Advertisers like Google Adsense, plugins like Google AdWords and the Facebook Like Box, and other third-party plugins have their own privacy policies and opt-out mechanisms that will enable you to manage your preferences.
Disclosure and Use of Your Information
TickCheck.com may use the information collected from you as described above for a variety of purposes, including improving our website and contacting you in reference to the products or services you explicitly registered for.
TickCheck.com may disclose aggregate, anonymous summaries of personal data to third parties. Personally identifiable information may also be released as required by applicable law to qualified law enforcement. In the event that the ownership or structure of TickCheck.com changes in the future, any personal information collected may be exchanged with the rest of the TickCheck.com Data.
Comments and Notice
This policy may be changed at any time without notice, so please check to make sure you are aware of the latest version. Please feel free to contact us with any questions.