Last Updated: August 27, 2021
The Services are intended for use by individuals older than the age of majority in their state of residence. If you are under the applicable age of majority, you may use our Services only with involvement and permission of a parent or guardian, and by such use your parent and/or guardian hereby agrees to be, and will be, held jointly and severally liable for any and all claims arising from your use of any Service. Notwithstanding the foregoing, use of any Service by anyone under 13 is prohibited. If you access or use any Service (including registering an account or purchasing any Product (as defined below)) on behalf of a company, organization or other entity, then (1) references to “you” and “your” herein refer to both you as an individual and that entity and (2) you represent and warrant that you are authorized to bind the entity to these Terms and that you expressly agree to these Terms on the entity’s behalf.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION (SEE THE SECTION TITLED “ARBITRATION AND APPLICABLE LAW” BELOW) THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS (OR ANY OTHER COURT PROCEEDINGS) OR CLASS ACTIONS OF ANY KIND. BE ADVISED THAT THESE TERMS ALSO CONTAIN DISCLAIMERS AND LIMITATIONS ON LIABILITY AND CLAIMS THAT MAY BE APPLICABLE TO YOU.
We reserve the right to revise these Terms at any time without notice, and the revised Terms will be effective as of the “Last Updated” date set forth in those Terms. By using any Service, you agree to be bound by the then-current version of these Terms, and therefore it is your responsibility to periodically review these Terms. We reserve the right to modify, suspend or discontinue any Service or Product (including Product offerings and Product pricing) at any time with or without notice and without liability. Nothing in these Terms shall be construed to obligate us to maintain or support our Services or Products.
You may be required to register an account with us in order to use certain Services or purchase Products. Your user name and password are for your personal use only, and you are responsible for maintaining the confidentiality thereof and agree to accept responsibility for all activities that occur under your account. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal or other information you submit to us will be free from unauthorized third-party access. All information you submit to us is submitted at your own risk.
INTELLECTUAL PROPERTY RIGHTS
Our Services and all materials used or displayed in any Service, including without limitation all logos, trademarks, service marks and trade names (collectively, “Trademarks”), all data, text, photographs, pictures, graphics, images, illustrations, audio and video, icons, links, software and other content, and the selection and arrangement of the foregoing (collectively with the Trademarks, the “Materials”), are owned by Lucira or our licensors. All rights not expressly granted in the Services or these Terms are reserved to Lucira, and nothing in our Services or these Terms shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without Lucira’s written permission. All goodwill that arises in connection with your use of any Trademark shall inure exclusively to Lucira.
Any and all comments, feedback, reviews, messages, ideas, suggestions, photographs, recordings or other materials or communications (collectively “User Content”) sent to us or submitted via any Service shall be our exclusive property, and you hereby assign to us all right, title and interest in and to, and waive any moral rights you may have with respect to, your User Content. Lucira is hereby entitled to use, reproduce, disclose, publish and distribute any and all User Content for any purpose whatsoever without restriction, and we shall have no obligation to (1) maintain any User Content in confidence, (2) pay compensation (including royalties) with respect to any User Content, or (3) respond to any User Content. You shall ensure that your User Content (i) complies with all applicable laws, rules and regulations (“Applicable Law”), (ii) does not infringe, misappropriate or otherwise violate any intellectual property, proprietary, publicity or other right of any other person or entity, (iii) is not offensive, threatening, libelous, defamatory, pornographic, obscene, abusive, misleading, fraudulent or otherwise inappropriate, and (iv) does not contain any computer virus or other malware that could affect any Service, any of our systems or any third-party systems, or any other Service user. We may in our sole discretion monitor, edit or remove User Content from any Service.
You may not:
1. access or use non-public areas of any Service of any of Lucira’s or its licensors’ computer systems or networks, including probing, scanning or testing the vulnerability of any such system or network;
2. record, process or mine information about other users or otherwise use any robot, spider, site search/retrieval application, or other automated device, process or means to access, search, retrieve, scrape or index any Service;
3. except as expressly permitted herein, reproduce, republish, display, duplicate, copy, sell, resell, exploit, modify, transmit or create any derivative works based on any Service (including without limitation any Materials) or any Product without Lucira’s express written permission;
4. use any Service or Product to violate, or otherwise violate, any Applicable Law;
5. provide any information to us that is not accurate and complete;
6. remove, obscure or otherwise alter any proprietary notices appearing on any Service or Product, including any copyright, trademark and other intellectual property notices;
7. interfere with the proper working of any Service, including without limitation by transmitting (or permitting to be transmitted) any virus, worm, trap door, Trojan horse, denial of service attach, malware or other malicious code or limiting routine, instruction or design; or
8. otherwise engage in, or assist, permit or encourage any other party to engage in, any activity that Lucira deems objectionable in its sole discretion.
Prices for all products and services (collectively, “Products”) are in United States dollars and exclude any and all applicable taxes (including sales, use and VAT taxes) and duties and shipping, handling and other charges (collectively, “Charges”), unless expressly stated otherwise. You are responsible for payment of all Charges, which are non-refundable. Any price offers or advertisements given by us will be valid for the period stated on the offer or advertisement. Notwithstanding anything to the contrary herein, in the event a Product is listed (including in any offer or advertisement) at an incorrect price due to a typographical error, entry error, error in pricing information received from our suppliers, or other error, we shall have the right to refuse or cancel any orders for such Product.
Product offerings, prices, descriptions, specifications, features and images are subject to change at any time without notice. Products may be subject to quantity restrictions or other conditions of purchase. Without limiting the provisions of the sections below titled “DISCLAIMER” and “LIMITATION OF LIABILITY,” we do not warrant that any Product description or related information, material or content accessible using the Services will be accurate, complete, reliable, current or error-free, and we are not responsible for errors (typographical or otherwise) in any of the foregoing. We do not offer sales advice or technical support. Your sole remedy for any claim arising from the purchase or delivery of any Product will be to return the Product for a full or partial refund in accordance with the Shipping and Returns Policy.
We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the Products you have ordered. All orders are subject to our acceptance and Product availability. We also reserve the right to refuse or cancel any or all of your orders if we determine, in our sole discretion, that you are in breach of these Terms, in which case you may be responsible for certain processing, restocking and similar fees. We will notify you of any order cancellation. We reserve the right, but are not obligated, to limit the sales of Products to any person, geographic region or jurisdiction.
For any purchase of Products, you agree to pay using a valid credit card (or other form of payment that we may accept from time to time) all applicable fees and Charges. We reserve the right, upon prior notice to you, to change the amount of any fees or Charges and to institute new fees and Charges. If you elect to use a third-party provider and we are charged fees by that provider (including for transfer of funds, retrieval of payment details or any other purpose), we reserve the right to charge you for those fees. It is your responsibility to ensure that sufficient funds are available to cover the fees and Charges for the Products, and we have no liability for any overdraft or other fees that you may incur as a result of us processing your payment. If payment for any Products is declined or returned, we reserve the right to suspend or terminate your access to any Service, terminate any order, stop shipment of any Products, and/or pursue other remedies available to us.
You shall comply with (1) all Applicable Laws in connection with your purchase, receipt, possession, use, provision and sale of any Product and (2) all labels, warnings, safety procedures and instructions provided with purchased Products. Products are for your personal, non-commercial use only unless otherwise expressly permitted in these Terms or in a written agreement between you and us.
The risk of loss for and title to Products purchased on our Services passes to the purchaser upon our delivery of such Products to the carrier.
You represent that you will fully disclose all discounts, rebates and other incentives received from Lucira on a Product (“Discounts”) when seeking reimbursement for such Product from any government or private payor as may be required by law or contract, and allow agents of any federal or state health care agency access upon request to order summaries and other information concerning any Discounts.
Only Products which we expressly authorize you to provide or resell to third parties may be so provided or resold. If you provide or resell any Product to any third party (each, a “Resale”): (1) you shall not make any representation, warranty or guarantee as to the Product (including without limitation any specifications, features or capabilities thereof) or publish or use any advertising material with respect to the Product without our prior written consent; (2) you shall not represent or in any manner intimate or suggest that you are providing or selling the Product on our behalf, or that you are a partner of or otherwise affiliated with Lucira; (3) you shall not modify the Product, its packaging or any instructions or materials provided by us in connection with the Product, and you shall provide all such instructions and materials to the purchaser at the time of purchase; (4) you shall not remove or destroy, or permit other to remove or destroy, any proprietary markings of Lucira or other parties or legends that many appear on any components of the Product; (5) you shall be solely responsible and liable for all Resales; and (6) you shall conduct your business and the Resales in a professional and ethical manner and in a manner that reflects favorably at all times on the Products and our name, goodwill and reputation. If you are a licensed healthcare provider in the United States, you may provide or resell the Lucira COVID-19 All-In-One Test Kit (or successor Product) solely to your patients in accordance with these Terms.
TERM & TERMINATION
These Terms are effective from the date on which you first access any Service and shall remain effective until terminated in accordance herewith. We may immediately terminate these Terms, and/or your access to and/or use of any Service, at any time and for any reason, with or without cause, without prior notice. Upon termination of these Terms, your right to access and use our Services shall immediately and automatically terminate and you shall cease all access to and use of our Services. In the event of termination of these Terms for any reason, all of your payment obligations and all restrictions, disclaimers, and limitations, the sections titled “INTELLECTUAL PROPERTY RIGHTS,” “THIRD-PARTY MATERIALS,” “TERM & TERMINATION,” “DISCLAIMER,” “LIMITATION OF LIABILITY,” “LIMITATION ON CLAIMS,” “INDEMNIFICATION,” “GOVERNING LAW; ARBITRATION AND APPLICABLE LAW,” AND “GENERAL PROVISIONS,” and all other terms and conditions which by their nature reasonably should survive such termination, shall survive such termination.
LINKS TO THIS WEBSITE
Unless otherwise set forth in a written agreement between you and us, if you desire to include a link to any Service on your website or to otherwise share a link to any Service, you must abide by our linking policy as follows: (1) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and Trademarks; (2) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with or in any manner associated with Lucira; (3) when clicked by a user, the link must display the applicable Service on full-screen and not within a “frame”; and (4) we reserve the right to revoke our consent to the link at any time and in our sole discretion, in which case you shall immediately disable and remove the link.
We are unable to monitor the copyright ownership of all content posted in the Services. If you believe that your work has been copied and is accessible on our Services in a way that constitutes copyright infringement or that our Services contain links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent, as set forth below.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, and information reasonably sufficient to permit us, or our third-party service providers, to locate the material.
3. Information reasonably sufficient to permit us, or our third-party service providers, to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent: Lucira Health, Inc., 1315 63rd St Emeryville, CA 94608, Attn: Customer Service.
Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to. For communications regarding other matters, please contact us as set forth below.
THE INFORMATION ON OUR SERVICES MAY NOT BE ACCURATE, COMPLETE OR CURRENT. SUCH INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND ANY RELIANCE THEREON IS AT YOUR SOLE RISK. WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICES, EXCEPT AS REQUIRED BY LAW. WE WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY CONDUCT, CONTENT OR COMMUNICATION ON ANY SERVICE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR USE OF ANY SERVICE, MATERIALS OR USER CONTENT OR ANY OF OUR SYSTEMS (INCLUDING VIA INTRUSIVE, INVASIVE OR ILLEGAL TECHNIQUES). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE LUCIRA MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. LUCIRA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE LUCIRA MATERIALS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. LUCIRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF (OR THE RESULTS OF THE USE OF) ANY LUCIRA MATERIALS, OR ANY WEBSITES LINKED TO FROM OR REFERENCES IN OUR SERVICES. THE LUCIRA MATERIALS ARE NOT INTENDED AS LEGAL, MEDICAL OR HEALTHCARE ADVICE, AND LUCIRA DOES NOT GUARANTEE THE EFFECTIVENESS OF EFFICACY OF ANY PRODUCT. ACCESS TO AND USE OF THE LUCIRA MATERIALS IS AT YOUR SOLE RISK. LUCIRA DOES NOT WARRANT THAT ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
If you are a patient or healthcare consumer, you should not use information found on any Service to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you may have.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LUCIRA, ITS AFFILIATES, OR ANY OF THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, AND DAMAGES FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY LUCIRA MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (1) FIFTY ($50) AND (2) THE FEES PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION ON CLAIMS
Except to the extent prohibited by Applicable Law, you hereby unconditionally and irrevocably release, remise and waive, and discharge us and our affiliates from, any claim or cause of action in connection with these Terms or any Lucira Materials that is not filed by you or on your behalf within one (1) year after such claim or cause of action arises.
You agree to indemnify, defend and hold harmless Lucira, its affiliates, and the respective directors, officers, employees, consultants, agents, and other representatives of each of the foregoing from and against any and all claims, damages, losses, liabilities, costs (including attorneys’ fees) and other expenses that arise directly or indirectly out of any third-party claim in connection with: (1) your breach of these Terms; (2) your User Content, including without limitation any allegation that your User Content infringes, misappropriates or otherwise violates the intellectual property, proprietary or other rights of any third party; (3) any Resale; (4) your negligence or willful misconduct; (5) your violation of Applicable Laws; (6) personal injury, death or property damage in connection with your use or misuse of any Product; or (7) your activities in connection with any Service, Materials or User Content.
GOVERNING LAW; ARBITRATION AND APPLICABLE LAW
These Terms shall be governed by and construed in accordance with New York law, without regard to the principles of conflicts of law of any jurisdiction and regardless of your location.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, ANY LUCIRA MATERIALS OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LUCIRA, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT LUCIRA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. All in-person appearances will be held in San Francisco, California. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, you may assert claims in small claims court in the state of California if your claims qualify, and we may pursue any collection action against you in any court of competent jurisdiction.
If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to Lucira, by certified mail, a written notice of your claim that (1) describes the nature and basis of the claim or dispute, (2) sets forth the specific relief sought, and (3) includes a physical address and email address where you may be reached. Such notice must be addressed to: Lucira Health, Inc., 1315 63rd St, Emeryville, California 94608, Attn: Customer Service. If Lucira and you do not reach an agreement to resolve the claim within sixty (60) days after the Notice is received, you may commence an arbitration proceeding or file a claim in small claims court in accordance herewith.
Our Services are intended only for users in the United States. We make no representation or warranty that any of Lucira Materials are available or appropriate for use outside of the United States. If you access or use any Lucira Materials outside of the United States, you do so at your sole risk and you are responsible for complying with your local Applicable Laws.
We reserve the right to seek all remedies available at law or in equity for any violation of these Terms. If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law or otherwise unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Lucira’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lucira in writing. These Terms may be assigned in whole or in part by Lucira. These Terms and Product orders may not be assigned in any manner by you without Lucira’s express prior written consent. There are no third-party beneficiaries to these Terms. These Terms set forth the entire understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral and written agreements or understandings between the parties regarding such subject matter. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
We shall not be liable for any delay in, or impairment of, performance in connection with these Terms resulting in whole or in part from any circumstance or event beyond our control, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, accidents, inability to procure or ship Product or obtain permits or licenses, failures of our suppliers or other third parties, inability to procure supplies or raw materials, or severe weather conditions.
NOTICE FOR CALIFORNIA RESIDENTS
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US AS SET FORTH BELOW OR BY CALLING US AT 888-582-4724. CALIFORNIA RESIDENTS MAY REACH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, CONSUMER INFORMATION CENTER BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (800) 952-5210.
If you have any feedback, questions or comments, please contact us at Lucira Health, Inc., 1315 63rd St, Emeryville, California 94608, Attn: Customer Service.