FANTESTICO TERMS OF SERVICE
Welcome to www.fantesti.co (the “Site”), a website owned and operated by Fantestico, Inc., a Delaware corporation (“Fantestico”). Fantestico provides consumer solutions to allow users to search for and identify online lab tests products and services that may be useful for consumers’ health and wellness (the “Services”). Our mission is to enable a convenient search for online lab tests that can be ordered at home, changing the landscape of accessible healthcare.
By using the Site or the Services in any way, you are agreeing to comply with and to be bound by these Terms of Service, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVIDED HEREIN, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively, “Terms”). Please review these Terms carefully before continuing further with the Site or using the Services. By using the Site and the Services, you agree to be bound by these Terms. If you do not agree with all of the Terms, do not use the Site or the Services. The terms “you,” “your,” and “yours” refer to you, the user of the Site. The terms “Fantestico,” “we,” “us,” and “our” refer to Fantestico and its parents, subsidiaries, representatives, affiliates, officers, and directors.
Changes to the Terms
We may periodically make changes to these Terms, in our sole and absolute discretion. When we do, we will update the “Date of Last Revision” date hereunder. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.
Access to the Site; Account Registration
We do not provide you with equipment to access the Site. You are responsible for all fees charged by third parties to access the Site or use the Services (e.g., charges by internet service providers).
If any of the Services requires you to hold an account on the Site, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Fantestico immediately of any unauthorized use of your account or any other breach of security. Fantestico will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fantestico or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
If you are not at least 18 years of age or older, you are not permitted to access the Site or use the Services. By accessing and using the Site or the Services in any way, you hereby represent and warrant that you are of legal age, authority, and capacity to agree to these Terms.
Termination of Access
We reserve the right in our sole and absolute discretion to restrict or terminate your or any other party’s access to the Site for any lawful reason, at any time, with or without notice. In the event of such termination, none of our rights or your obligations provided hereunder shall be waived, nor shall such termination waive our right to relief of any kind to which we may be entitled at law or in equity.
Changes to the Site
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Subject to these Terms, Fantestico grants you a limited, revocable license to access and use the Site solely to use the Services as intended by Fantestico. No other use of the Site is authorized.
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site or Site Content; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; (h) use the Site to develop products or services that are directly or indirectly competitive with the Services; or (i) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
You further agree to not use the Site or any of the Services, including without limitation any of the Site’s comment or messaging functionality:
• for any predatory use, cyberbullying, spreading misinformation, or attempting to cause pain and dissension in groups;
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise;
• to threaten, harass, or otherwise inappropriately abuse Fantestico, its users, employees, partners, agents, subcontractors, volunteers, or others;
• to send, knowingly receive, upload, download, use or re-use any content which does not comply with these Terms;
• to "spam," gather or attempt to gather personal information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise abusing Fantestico, the Services, or our users;
• to impersonate or attempt to impersonate another person or entity;
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fantestico or users of the Services or expose them to liability;
• in any way that infringes or violates someone else's rights, including their intellectual property rights; or
• to access or collect data from the Services using automated means (without our prior permission) or attempt to access data you do not have permission to access
We, our affiliates, our licensors, or applicable third parties, retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of Fantestico or such third party which may own the Mark.
Notwithstanding the foregoing, you hereby grant to Fantestico a fully paid, royalty-free, worldwide, nonexclusive license to use any non-anonymized data you provide to us for the sole purpose of providing the Services, including the right to analyze any such data you provide to improve and create new features available through the Services. For the avoidance of doubt, Fantestico shall only collect, store, use, and disclose personal information for the purpose of providing the Services.
You further hereby agree that Fantestico may aggregate or create anonymized data or content by removing any personally identifiable information from data and content you provide when using the Services (“Anonymous Data”), and that such Anonymous Data shall be owned by Fantestico. You further agree that Fantestico shall have the right to use, store, analyze, and disclose such Anonymous Data at any point in time after the termination of your use or access of the Services, including without limitation for:
- Internal statistical and trend analyses;
- Improving the development, use, and access of the Services;
- Creating and distributing data, reports, and other materials related to the use of the Services; and
- Developing, creating, improving, and distributing templates, forms, interview plans, and other broad-based utilities that may be accessible as part of the Services.
Notwithstanding the foregoing, nothing in this Ownership section grants Fantestico the right to associate any Anonymous Data, or content or data created or derived therefrom, with you without your permission.
No Medical Advice
The contents of the Services are for informational purposes only. Fantestico does not provide medical advice or care, and nothing contained in the Site shall be interpreted or treated as such. None of the Services is intended to replace the advice of a qualified medical professional, and you must always consult with your regular healthcare practitioners or primary care physician to determine if any healthcare plans, products, or services are right for you. The Site and the Services are only offered as a way for third parties to communicate their offerings to you, and any information related thereto comes from them alone, and not Fantestico. You should never disregard professional medical advice or delay in seeking medical care or advice based on any of the Services or search results derived therefrom.
Fantestico does not recommend or endorse any specific health or wellness lab tests, or any other health, wellness, or medical products or services of any kind, whether or not referenced or identified as a result of your use of the Services or input of any search criteria. Reliance on any representations or information accessed through the Services, including without limitation any reliance upon (i) any sponsored ads from third parties promoting their products and services on the Site (ii) the presentation of any third-party lab tests that meet your search criteria, or (iii) any third-party reviews of any Third-Party Products, as such term is defined below, is solely at your own risk.
Any Site Content related to any Third-Party Products, and the utility thereof, including without limitation any text, copy, audio, video, photographs, illustrations, graphics, or other visuals, is relayed by third parties for informational purposes only, and does not constitute professional medical advice, counseling, diagnosis, treatment, the practice of medicine, including without limitation psychiatry, psychology, psychotherapy, the creation of a physician-patient or clinical relationship or recommendations of any kind by Fantestico. Such Site Content may also include reviews of Third-Party Products, all of which are provided by third parties that have no affiliation with Fantestico, and none of which is, or should be construed as, medical advice for your own personal healthcare or medical needs.
Links and Third-Party Content
The Site may contain links to or utilize third party products, services, and websites (collectively, “Third-Party Products”). By way of example only, we may display links to third party websites that offer for sale certain health and wellness lab tests that match some of your search criteria. While we do our best to select third parties that maintain strong privacy policies and data protections, we exercise no control over any Third-Party Products, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through such Third-Party Products. We may, however, be compensated for displaying advertisements or links to such Third-Party Products. As an Amazon Associate Fantestico earn from qualifying purchases. Fantestico earns from qualifying purchases also with the following providers: checkmybody, ihealth,ro, evolve, familytreedna, healthlabs.com, ihealth, LivingDNA, mylabbox, nebulagenomics, omegaquant, prioritystd, sequencing.com, STDcheck, UltaLabTests. Fantestico is updating this qualifying purchases list from time to time and some affiliated providers and affiliate programs may not be added yet.
Fantestico gathers lab tests prices on Third-Party Products from multiple sources, including published price lists. The prices we show are our best estimate; while we do our best to ensure that our data is up to date and accurate, prices change frequently, and some third parties may include certain discounts, taxes, fees, and charges that others do not. Due to these factors, we can’t guarantee that the price we display will exactly match the price you will be charged for the Third-Party Products. Fantestico provides no warranty for any pricing data or other information. All trademarks, brands, logos, images, and copyrights are property of their respective owners and rights holders.
Fantestico may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose.
Disclaimer of Warranties
YOUR USE OF THE SITE AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FANTESTICO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANTESTICO OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
FANTESTICO WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANTESTICO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL FANTESTICO’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE FANTESTICO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
You will indemnify and hold Fantestico, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your submission of Feedback, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content.
ARBITRATION; CLASS ACTION WAIVER
IN ORDER TO EXPEDITE RESOLUTION AND LIMIT THE COSTS ASSOCIATED WITH ANY DISPUTE, YOU AGREE TO BINDING ARBITRATION AS FURTHER DESCRIBED BELOW.
PLEASE READ THE BELOW PARAGRAPHS CAREFULLY, AS THEY ALSO CONSTITUTE A WAIVER OF YOUR RIGHT TO A JURY TRIAL OR A RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION SUIT.
In the event that a dispute or claim of any kind arises under these Terms or related to the Services, the Site, or Site Content, the party raising such disputes or claims must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Fantestico should be sent to:
1176 Tourmaline Drive
Thousand Oaks, CA 91320
After the Notice is received, you and Fantestico agree to use your best efforts to resolve the claim or dispute informally. If you and Fantestico do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin a binding arbitration proceeding pursuant to the Arbitration clause provided below. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
If you do not reach a resolution of such claims or disputes with Fantestico through the informal process described above, you understand and agree that, due to the cost and length of protracted disputes, a streamlined arbitration process is agreeable and desirable to achieve an efficient resolution. As such, you agree that such claims or disputes shall be submitted to binding arbitration under the then current JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) by a single arbitrator mutually agreed upon by you and Fantestico. If the parties cannot agree upon an arbitrator within thirty (30) days after names of potential arbitrators have been proposed, then one arbitrator having reasonable experience in commercial disputes who is chosen by JAMS under the Rules shall preside as the arbitrator to such disputes or claims brought hereunder. The arbitration shall take place in Ventura County, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof.
Class Action Waiver
Neither you nor Fantestico shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Fantestico agree that any JAMS Class Action Procedures do not apply to any claims or disputes brought by either party to arbitration. A court may sever any portion of this arbitration provision if it finds such unenforceable. Notwithstanding the obligation to arbitrate all claims or disputes under these Terms, you may assert an individual claim in small claims court in lieu of arbitration.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under these Terms.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violations of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be required to be submitted to binding arbitration pursuant to these Terms.
Legal Fees and Costs
If any lawsuit, claim, dispute, arbitration, or legal proceeding of any kind (“Claim”) is brought by either you or us, each party shall be responsible for their own attorneys’ fees, and the parties agree to share any costs associated with arbitration equally, unless it is determined by the arbitrator, judge, or other official presiding of such Claims determines that the substance of the Claim or the relief sought was frivolous or was brought for an improper purpose, in which case the prevailing party shall be entitled to reimbursement of its reasonable and actual attorneys’ fees and costs incurred in connection with defending against such Claims.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware without regard to principles of conflicts of law. You submit to the jurisdiction of the federal or state courts of or located in Ventura County, California, with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the federal or state courts of Ventura County, California. No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included. The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.
If you have any questions or concerns about the Site or these Terms, please send us a thorough description by email to email@example.com, or write to us at:
1176 Tourmaline Drive
Thousand Oaks, CA 91320
Date of Last Revision: March 9, 2021