Terms and Conditions

Effective Date: November 06, 2023

1. Medical Advice Disclaimer.

THE SERVICE AND THE SITE DO NOT PROVIDE MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, 911, OR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOU USE THE SERVICE AND THE SITE AND ANY INFORMATION PRODUCED BY THE SERVICE AND THE SITE AT YOUR OWN RISK. WE DO NOT OFFER MEDICAL ADVICE, DIAGNOSES, OR OTHER RECOMMENDATION FOR TREATMENT, OR ENGAGE IN THE PRACTICE OF MEDICINE. THE CONTENT AND OTHER MATERIALS CREATED BY THE COMPANY OR OTHERWISE CONTAINED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO BE PROVIDED ARE DECISIONS THAT SHOULD BE MADE ONLY BY A PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING ANY ACTUAL OR POTENTIAL MEDICAL CONDITION OR SYMPTOMS YOU ARE EXPERIENCING.

1. Certain Definitions. Capitalized terms not defined where they first appear to have the following meanings:

(a) “Conditions” means these terms and conditions.

(b) “Contract” means any order submitted for the supply of the Services by the Company to you.

(c) “Kits” means sampling kits sent to you on receipt of your order or otherwise purchased by you.

(d) “Request Form” means the pro forma service order form relating to the Service and as provided by Clean Outcome Services via our website at cosresults.com

(e) “Service” means the various testing services provided by Clean Outcome Services, including, but not limited to: paternity, DNA relationship, and fertility testing, DNA-testing services for individuals relating to ancestry, weight management, skincare purposes, and to help determine your sensitivity to certain foods and pets, DNA testing for animals and all related services including the results thereof.

(f) “Site” means cosresults.com and any other websites and online applications operated by the Company that links to or incorporates these Conditions.

(g) “You” means the person ordering the Service and/or using the Site.

1. Cancelation/ Refund  Policy

(a) You, as the person who pays for the Service, have three business days (excluding Saturday and Sunday and U.S. Bank Holidays) from the date on which Clean Outcome Services accepts your order under clause 6(c), to cancel without cause or penalty, upon serving a written or emailed notice of cancellation to Alexandria.Parks@cosresults.com. However, NO REFUND shall be due by Clean Outcome Services if Kits have been dispatched, samples have been collected, or the test has been run.

(b) If you cancel a scheduled appointment within 48 hrs, the purchase price for the Service will be returned to you as soon as practicably possible, and in any event, the Company will use reasonable efforts to return the purchase price to you within 30 days of receipt of your notice of cancellation.

(c) If the Kits are damaged on delivery the Company will, in its sole discretion replace or exchange any such Kits or refund you for the price paid for the Service.

(d) Clean Outcome Services reserves the right to cancel or refuse any order for any reason at any stage of the ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or payment issues.

(e. Clean Outcome Services will not be liable to you for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Service.

(f) In the unlikely event that the result of the analysis for the Service you purchased is found to be in error, Clean Outcome Services may perform a further analysis for you free of charge or return your payment for the Service at our sole discretion.

1. Account Creation, Customer Account, Passwords, and Security

(a) To view and download test results from the Service, you must create an account on the Site. In consideration of your use of the Site and Service, you agree to (i) provide true, accurate, current, and complete registration information about yourself as prompted by the Site; and (ii) maintain and promptly update the registration information to keep it true, accurate, current, and complete. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if Clean Outcome Services has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Clean Outcome Services has the right to suspend or terminate your account and refuse any current or future use of the Service or the Site (or any portion thereof).

(b) You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your account holder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Conditions. Clean Outcome Services will not be liable for losses, damages, liability, expenses, and fees incurred by Clean Outcome Services or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

(c) After you have purchased a Service, you may receive your test results by email. You are responsible for maintaining the confidentiality of your test results. If you allow third parties to view your test results, you will defend, indemnify, and hold harmless Clean Outcome Services against any liability, costs, or damages, including attorneys’ fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify Clean Outcome Services of any unauthorized use of your test results. Clean Outcome Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.

1. Privacy and Disclosure

Our use of any personally identifiable information you submit in connection with the Site or Service is subject to our Privacy Policy, which we encourage you to read before using the Site or Service.

1. Restrictions

(a) You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(b) You agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
• Use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
• Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Site; or
• Otherwise, attempt to interfere with the proper working of the Site.

1. User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, all materials, information, or other communications you transmit, upload, or post to the Site including any ideas, comments, suggestions, feedback, data, or the like (“User Generated Content”) will be considered non-confidential and non-proprietary. The Company will have no obligations concerning the User Generated Content. Furthermore, you assign to the Company all intellectual property rights you have in any User-Generated Content. By submitting the User-Generated Content to Clean Outcome Services, you agree Company is free to use the User-Generated Content, without limitation and any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form.

1. Links to other websites

The Site may contain links to third-party websites. Clean Outcome Services does not control and is not responsible for the availability, content, or accuracy of any pages or other sites linked to this website. The inclusion of any link to such websites does not imply endorsement by the Company of such websites. If you click on any links to third-party websites, you do so at your own risk. You agree that the Company will not be liable for any loss or damages you or any third party may suffer in connection with any third-party website.

1. General Disclaimer; Limitation of Liability

(a) WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SERVICE BE ERROR-FREE, ACCURATE, RELIABLE OR WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT). THE SITE AND THE SERVICE ARE PROVIDED BY Clean Outcome Services on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEAN OUTCOME SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE, OR THE SERVICE.

(b) Clean Outcome Services makes no guarantee that the test results will be accepted by a particular entity. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.

(c) Except to the extent prohibited by applicable law, in no event will Clean Outcome Services nor any of its officers, directors, employees, agents, or other representatives be liable for any direct, indirect, special, punitive, exemplary or consequential damages or losses of whatsoever kind ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING THE RESULTS PRODUCED BY SUCH SERVICE), ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.

(d) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR THE SERVICE IS TO STOP USING THE SITE AND/OR THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU CONCERNING YOUR USE OF THIS SITE AND ANY SERVICE IS ONE HUNDRED AND FIFTY DOLLARS ($150.00) OR THE AMOUNT PAID FOR THE SERVICE, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

(e) ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. 

(f) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the Clean Outcome Services liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

1. Indemnification

You shall indemnify, defend, and hold Clean Outcome Services, our suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “Clean Outcome Services Entities”) harmless against all claims, losses, costs, and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against Clean Outcome Services arising out of or relating to (a) your access to or use of the Site; (b) your violation of these Conditions; (c) the infringement by you, or any third party using your account, of any intellectual property, privacy or other rights of any person or entity; (d) your use of the Service; (e) the samples you provide to the Company; or (f) your User Generated Content. Clean Outcome Services reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Clean Outcome Services.  Clean Outcome Services will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

1. Copyright and Monitoring

The contents of the Site, including all information, files, documents, text, photographs, and images, are the property of Clean Outcome Services and our licensors, as applicable, and are protected by U.S. and international copyright laws and other intellectual property rights. Clean Outcome Services or its licensors own these rights. All product and company names and logos mentioned on the Site are the trademarks, service marks, or trade names of their respective owners, including the Company. You may download material from the Site for the sole purpose of placing an order with Clean Outcome Services and you may download, save, and print a copy of these Conditions. However, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, by any means or in any manner, any material or information on or downloaded from the Company’s website including but not limited to text, graphics, code and/or software without Clean Outcome Services prior written consent, except where expressly invited to do so, for example to complete any test or questionnaire. All rights not expressly granted herein are reserved to us and our licensors.

1. Third-Party Rights

No provision of these Conditions is intended, nor shall they be interpreted, to provide or create any third-party beneficiary rights or any other rights of any kind in any third party. Except for Clean Outcome Services affiliates, directors, employees, or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party that exists or is available from that Act.

1. Agreement to Arbitrate

In consideration of and as a condition of your use of the Site and Services, you and Clean Outcome Services (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):

Applicability; Exclusions; Court and Jury Trial Waiver

The parties agree that any covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final, confidential, and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued for all covered disputes, regardless of when the dispute first arose or arose and irrespective of the period (s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: (i) arising out of or relating to these Conditions; (ii) relating to the relationship between the parties; (iii) arising under any state, federal, or international law(s) of similar import; and (iv) all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Conditions but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against the Company but also against any and all of its subsidiaries and parents collectively, and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.

Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding

Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, the scope of the arbitrator’s authority, arbitration procedures, any issues regarding the arbitrability of the parties’ dispute, the statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Conditions. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.

Selection and Authority of Arbitrator; Full Remedies Available; Enforceability

The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of these Conditions’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Conditions. The arbitrator shall apply the laws of the State of Ohio, without regard to its conflict of laws principles, to the covered dispute. If there are any ambiguities in these Conditions, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.

Class and Collective Action Waiver; No Consolidated or Joint Actions

The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

Fees, Award

The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, the Company will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, the Company shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.

1. General

(a) These Conditions are made between Clean Outcome Services and you and shall not be assignable by you. Clean Outcome Services may assign these Conditions and subcontract the performance of the Contract in whole or in part.

(b) Clean Outcome Services reserves the right to seek all remedies available at law and in equity for violations of these Conditions, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, and block IP addresses.

(c) These Conditions together with our Privacy Policy and any order form and payment method instructions constitute the whole agreement between you and Clean Outcome Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Clean Outcome Services (including, but not limited to, any prior versions of these Conditions). You acknowledge that you have not entered into this Contract in reliance upon any warranty or representation made by Clean Outcome Services or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Conditions, our Privacy Policy and order form, and payment method instructions.

(4) All notices shall be given to the Company via email at Alexandria.Parks@cosresults.com.

(5) Clean Outcome Services shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other events beyond the Clean Outcome Services control.

(6) If any part of these Conditions is unenforceable (including any provision in which Clean Outcome Services excludes its liability to you) the enforceability of any other part of these Conditions will not be affected and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

(7) No waiver by Clean Outcome Services of any term or condition outlined in these Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Clean Outcome Service's failure to insist upon or enforce strict performance of any provision of these Conditions shall not be construed as a waiver of any right.

1. How to Contact Us

If you have any questions, comments, or notices regarding these Conditions, please contact us:

By e-mail: Alexandria.Parks@cosresults.com

By phone: 469-900-2029

By mail: 26919 E Hwy 380, Suite 208, 

Savannah, Texas 76227