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TERMS AND CONDITIONS

 

  1. Transaction
    Each sale of Goods (such as diagnostic equipment, medical supplies) and Services (such as diagnostic tests, consultations, and laboratory services) by MusB Research, LLC dba MusB Diagnostics to the Client is referred to herein as a “Transaction.”
  2. Applicable Provisions
    These Master Terms and Conditions shall apply to each Transaction. For each Transaction, these Master Terms and Conditions shall be supplemented by “Applicable Provisions,” which include a Statement of Work (“SOW”) or any additional writings (the “Additional Writings”), such as emails, that define the specific terms, including the diagnostic services requested, Client’s medical requirements, test protocols, and results expectations (“Client’s Requirements”).
  3. Applicable Contract
    For each Transaction, these Master Terms and Conditions and the Applicable Provisions are collectively referred to as the “Applicable Contract.” The date of the Transaction and the Applicable Contract will be specified by the Applicable Provisions for that particular Transaction (the “Effective Date”).
  4. “Client” Definition
    “Client,” as used herein, refers to the person or entity identified by the SOW, diagnostic test order form, or email as the customer or buyer of diagnostic services and goods.
  5. Conflicting Terms
    If there are any Conflicting Terms between these Master Terms and Conditions and the Additional Writings, MusB Diagnostics rejects and objects to such terms. These Master Terms and Conditions will govern, and the Conflicting Terms will not be part of any Applicable Contract. Acceptance of the Applicable Contract will be conditioned upon Client’s assent to these Master Terms and Conditions.
  6. Integration and Entire Agreement
    Each Applicable Contract constitutes the final, entire, and exclusive agreement between the parties regarding that Transaction. It supersedes all prior negotiations, agreements, representations, and understandings. No other terms, whether oral, written, or electronic, will apply unless explicitly included in the Applicable Contract.
  7. Timing and Accuracy of Client’s Requirements
    Client is solely responsible for the accuracy and completeness of the medical information provided for diagnostic services. MusB assumes Client’s disclosed requirements are correct, and MusB Diagnostics will not be responsible for adverse results arising from inaccurate or incomplete medical information provided by the Client.
  8. No Changes to Client’s Requirements
    Client may not alter the diagnostic requirements once the transaction is initiated.
  9. Substitutions
    MusB Diagnostics may substitute or modify components of diagnostic services, including test methods, based on technical or medical feasibility, provided such changes do not materially impact the diagnostic outcome or the completion timeline.
  10. Subcontractors
    MusB Diagnostics reserves the right to engage third-party subcontractors for the provision of certain diagnostic services or goods without prior notice to the Client. These subcontractors are bound by the same terms as MusB Diagnostics in providing services.
  11. Materials, Supplies, and Equipment
    Client shall be responsible for the costs of any necessary medical supplies, tests, or diagnostic equipment, either by paying the vendor directly or reimbursing MusB Diagnostics.
  12. Travel
    If diagnostic personnel are required to travel to the Client’s location, the Client agrees to reimburse MusB Diagnostics for transportation, lodging, meals, and any other associated expenses.
  13. Delivery and Results Reporting
    MusB Diagnostics will determine the method of delivering test results to the Client. All diagnostic reports will be delivered to the Client in accordance with the timeline outlined in the Applicable Provisions. MusB Diagnostics will not be responsible for delays caused by third-party delivery methods. The delivery date and time will be recorded by MusB Diagnostics and the carrier or method used for reporting results.
  14. Ownership
    Before and after providing diagnostic services, MusB Diagnostics retains ownership of any intellectual property rights related to the diagnostic services, test methodologies, and equipment used. The Client is granted a non-exclusive license to use the test results for their medical purposes as outlined in the Applicable Provisions.
  15. Suspension of Services and Termination
    MusB Diagnostics may suspend diagnostic services or terminate the Applicable Contract if payments are overdue or if the Client fails to cooperate with the diagnostic process. Client may not terminate the contract except as specified in the cancellation section.
  16. Force Majeure
    MusB Diagnostics’s ability to perform diagnostic services may be delayed due to unforeseen events beyond its control, including natural disasters, pandemics, or transportation disruptions. In such cases, MusB Diagnostics will provide a reasonable extension for the performance of services.
  17. Cancellation
  • Cancellation Due to MusB Diagnostics’s Noncompletion: If MusB Diagnostics fails to provide diagnostic services within 120 days of the expected completion date, the Client may cancel the Transaction and receive a refund of the lesser of actual damages or fees paid, provided that the Client cancels within 14 days of the delay.
  • Client-Initiated Cancellation: If the Client cancels the diagnostic service, MusB Diagnostics may retain amounts paid to date and require payment of any unpaid fees for services rendered up to the cancellation date.
  1. Effect of Cancellation on Results and License
    If the Transaction is canceled, the license for using the diagnostic services and results terminates immediately, unless otherwise agreed.
  2. MusB Diagnostics ‘s Marketing Materials
    MusB Diagnostics’s brochures, website content, oral representations, or any other marketing materials do not form part of the Applicable Contract. MusB Diagnostics does not guarantee results based on representations in marketing materials.
  3. Certificates of Analysis and Test Reports
    MUSB will issue certificates or reports based on the results of the diagnostic tests, as required by applicable provisions. These documents will be provided to the Client as evidence of test results, subject to the terms and conditions of the Applicable Contract.
  4. Samples
    Client-provided samples for diagnostic purposes may be discarded according to regulatory guidelines (e.g., CLIA). MusB Diagnostics will adhere to HIPAA regulations if storing any Client-provided samples for further analysis.
  5. Warranties
  • Goods: MusB Diagnostics warrants that any goods provided, such as diagnostic equipment or supplies, conform to Client’s requirements and applicable law at the time of delivery.
  • Services: MusB Diagnostics warrants that diagnostic services will substantially conform with the Applicable Contract. For research-oriented diagnostic services, results cannot be guaranteed.
  1. Client’s Permitted Warranty Remedies
    Client’s sole remedy for a breach of warranty is the repair or replacement of the defective goods or services, or a refund as determined by MusB Diagnostics, provided the Client notifies MusB Diagnostics within the specified time frame of 120 days.
  2. Payment
    Client must pay for diagnostic services as outlined in the Applicable Provisions, or within 10 days after services are completed. MusB Diagnostics reserves the right to charge the Client’s credit card for overdue payments.
  3. Client’s Other Damages for Breach
    In case of MusB Diagnostics’s breach of contract, the Client’s exclusive remedy will be a refund of the lesser of actual damages or amounts paid for diagnostic services, provided that the breach is reported within 21 days.
  4. Data, Privacy & Cookies Policy

26.1. Data Protection and Privacy Commitment

MusB Diagnostics is committed to protecting your privacy and ensuring the security and integrity of your personal data. By using this website, you acknowledge and consent to our collection, processing, storage, and use of your personal information in accordance with this clause and our full Privacy Policy.

26.2. Data Collection

We may collect personal and non-personal data including, but not limited to:

  • Name, email address, contact details, and user-submitted forms
  • Technical and usage data such as IP address, browser type, operating system, referral source, device identifiers, location data, and website usage behavior
  • Information obtained via third-party integrations, cookies, and analytics tools (e.g., Google Analytics, Hotjar, etc.)

26.3. Purpose of Data Collection

Collected data is used for the following purposes:

  • To provide and improve our services, products, and customer experience
  • To respond to user inquiries or support requests
  • To monitor website performance and optimize content
  • To carry out internal analysis, research, and diagnostics
  • To comply with legal obligations and regulatory requirements
  • For marketing, communication, and promotional purposes (only if consented by you)

26.4. Legal Basis for Data Processing

Data is processed on the following legal bases:

  • Performance of a contract or requested service
  • Compliance with legal obligations
  • Legitimate interests pursued by MusB Diagnostics
  • Your explicit consent (where applicable)

26.5. Data Storage and Retention

MusB Diagnostics stores your data securely using industry-standard technologies and protocols. We retain your data only as long as necessary to fulfill the purposes outlined above or as required by applicable law. After this period, your data is securely deleted or anonymized.

26.6. Data Sharing and Disclosure

We do not sell, rent, or trade your personal information. Data may be shared:

  • With trusted third-party service providers who assist in operating our website, analytics, hosting, payment processing, or customer support – all bound by confidentiality agreements
  • If required by law, court order, or government authority
  • In case of a merger, acquisition, or asset transfer of MusB Diagnostics, where personal data may be part of the transferred assets

26.7. Data Security Measures

MusB Diagnostics implements appropriate technical, administrative, and organizational measures to protect data against unauthorized access, alteration, disclosure, or destruction. However, no transmission or storage system can be guaranteed 100% secure.

26.8. User Rights

Depending on your location and applicable law, you may have the right to:

  • Access, correct, or delete your personal data
  • Object to or restrict certain processing activities
  • Withdraw consent at any time (without affecting prior processing)
  • Request data portability
  • Lodge a complaint with a data protection authority

To exercise your rights, contact us at: info@musbdiagnostics.com

  1. Cookies Policy

27.1. Use of Cookies

This website uses cookies, web beacons, tracking pixels, and similar technologies to enhance user experience, analyze performance, and provide personalized content.

Cookies may include:

  • Essential cookies (for website functionality and security)
  • Analytical/performance cookies (e.g., Google Analytics)
  • Functionality cookies (to remember preferences)
  • Targeting/advertising cookies (to display relevant ads)

27.2. Cookie Consent

Upon first visit to our website, you will be presented with a cookie consent notice. By continuing to use the website, you consent to our use of cookies unless you actively opt-out or modify your preferences through the cookie banner or browser settings.

27.3. Managing Cookies

You can manage, block, or delete cookies at any time via your browser settings. Please note that disabling some cookies may affect website functionality or prevent access to certain features.

  1. Changes to Policy

MusB Diagnostics reserves the right to modify, update, or revise this Data, Privacy, and Cookies Policy at any time without prior notice. Continued use of the website after such changes constitutes your acceptance of the updated terms.