LAB TESTS

DISCLAIMER AND LIMITATION OF WARRANTIES
LIMITED WARRANTY FOR LAB TESTS AND CONSULTATIONS
HITx, LLC warrants that all testing kits (the “Lab Tests”) available for purchase by Customer
through the HITx website are provided by third-party labs and vendors (“Testing Labs”) and not
directly by HITx. AS SUCH, HITX MAKES NO REPRESENTATIONS NOR WARRANTIES
ABOUT THE IDENTITY, PURITY, AND YIELD, AS MEASURED UNDER NORMAL
LABORATORY CONDITIONS, INDICATED IN THE QUOTATION OFFER,
SPECIFICATIONS AND OTHER MATERIALS (INCLUDING, WHERE APPLICABLE, THE
CERTIFICATE OF ANALYSIS, MASTER RECORD, AND FINAL REPORT) PROVIDED BY
TESTING LABS ON BEHALF OF HITX TO THE CUSTOMER. HITx directs your attention to
the Testing Lab’s warranties found at the relevant link included on the page for each test.
HITx, LLC further warrants that it only provides a platform for Customers to communicate and
consult with a HITx consulting Provider about the Lab Tests results. HITx shall not be
responsible for the information shared during the consultation or communications between the
customer and the HITx consulting Provider. Furthermore, NEITHER HITX NOR ANY
CONSULTING PROVIDER HAVE ANY RESPONSIBILITY TO CONTACT THE
CUSTOMER INDEPENDENTLY OR HAVE ANY LIABILITY FOR NOT
COMMUNICATING THE RESULTS OF THE LAB TESTS WITH CUSTOMER IF
CUSTOMER FAILS TO SCHEDULE AND PARTICIPATE OR COMMUNICATE WITH THE
HITX CONSULTING PROVIDER TO DISCUSS THE RESULTS OF THE LAB TEST.
Customer purchase of these Lab Tests does not create a duty to warn by HITX or its consulting
Provider.
LIMITED WARRANTY FOR WEBSITE
HITx, LLC MAKES NO REPRESENTATIONS NOR WARRANTIES ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND
ACCURACY OF THE INFORMATION, SERVICES AND GRAPHICS CONTAINED ON THE
HITx WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES AND
RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
MYRIAD HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.

DISCLAIMER OF OTHER EXPRESS OR IMPLIED WARRANTIES

HITx MAKES NO OTHER WARRANTY THAN THE LIMITED WARRANTY CONTAINED
ABOVE AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE LAB TESTS OFFERED ON THE HITx WEBSITE,
INCLUDING ANY: WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE; WARRANTY OF TITLE; AND ANY WARRANTY
AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES. HITx’s limited warranty made with this offer shall not be effective if HITx has
determined, in its sole discretion, that Customer misused the HITx offered Lab Tests in any
manner, failed to use, store, or maintain the HITx Lab Tests in accordance with industry
standards and practices, or failed to use, store, or maintain the HITx Lab Tests in accordance
with instructions, if any, furnished by HITx or the Testing Labs.
Customer understands that neither HITx nor the Testing Labs can guarantee that all materials
supplied by Customer will be capable of producing desired results or that research and/or
manufacturing as defined in a quotation offer will produce desired results. ANY MATERIAL
DEFECTS OR WARRANTIES MAY BE COVERED BY THE TESTING COMPANIES OR
SUPPLIERS OF THE LAB TESTS. HITX DISCLAIMS ANY OTHER RESPONSIBILITY
FOR THE QUALITY OR MERCHANTABILITY OF THE LAB TESTS. HITx will use
reasonable means to obtain from the Testing Labs the desired results and make them available
with its consulting Providers to Customer. HITx’s limited warranty is contingent upon complete
and accurate information being submitted by the Customer as well as material submitted by the
Customer that is not damaged, defective or otherwise flawed.
LIMITATION OF DAMAGES.
HITx SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL,
OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF
THE LAB TESTS, EVEN IF HITx HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS
OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO
REALIZE SAVINGS, LOSS OF LAB TESTS OF CUSTOMER OR OTHER USE, OR ANY
LIABILITY OF CUSTOMER TO A THIRD-PARTY ON ACCOUNT OF SUCH LOSS, OR
FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE, OR LOSS OCCASIONED BY
SUCH PRODUCT OBTAINED THOUGH HITx, INCLUDING PERSONAL INJURY OR
PROPERTY DAMAGE, UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE
WAS CAUSED BY HITx’S GROSS NEGLIGENCE. IN NO EVENT SHALL HITx BE
LIABLE TO CUSTOMER OR TO ANY THIRD-PARTY FOR ANY DAMAGES OF ANY
KIND, DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO A DELAY,
WHETHER ACTUAL OR ALLEGED, IN THE DELIVERY TO CUSTOMER OF THE LAB
TESTS ORDERED FROM HITx. HITx SHALL NOT BE LIABLE TO CUSTOMER OR ANY
THIRD PARTY FOR ANY INJURY OR DAMAGE WHICH MAY BE CAUSED BY THE

FAILURE OF THE END USER OR ANY OTHER PERSON TO USE THE PRODUCT
OBTAINED THROUGH HITx IN ACCORDANCE WITH THE CONDITIONS OUTLINED
ON THE APPLICABLE CERTIFICATE OF ANALYSIS, PRODUCT USER MANUAL, OR
OTHER LIMITATIONS PLACED ON THE HITx PRODUCT’S INTENDED OR
AUTHORIZED USE, WHEREVER NOTED OR FOR ANY FINISHED PRODUCT FOR
CLINICAL USE THAT IS DEVELOPED AND OFFERED BY CUSTOMER FOR WHICH
CUSTOMER IS RESPONSIBLE FOR SATISFYING THE REGULATORY OBLIGATIONS.
HITx SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
INJURY OR DAMAGE WHICH MAY BE CAUSED BY THE FAILURE OF THE END USER
OR ANY OTHER PERSON TO FOLLOW UP OR COMMUNICATE WITH THE
CONSULTING PROVIDER OFFERED BY HITx TO CUSTOMER.