PrimusLabs Legal Notices
Restrictions on Use of Name, Logo and Identifying Marks
“Use of PrimusLabs’ name, logo, or any identifying marks is strictly prohibited without the written approval of PrimusLabs
Pesticide Residue Analysis Disclaimer:
PrimusLabs, through its laboratory division conducts various programs of customized chemical analysis for certain chemical compounds registered for use or suspected of misapplication or drift on a given agriculture commodity. These programs are designated as Certified, Inspected, andTested.
Certified : PrimusLabs’ most comprehensive program involves lab staff gathering samples, returning them to the lab under PrimusLabs’ custody and performing expeditious analysis. This analysis indicates that a statistically representative, random sampling of the product has been analyzed and reports whether the analyses product meets or exceeds the regulatory standards for the tested compounds. The Certificate refers to the results of the residue analysis at the time of sample collection only, and then only for the presence of tested compounds on the sample produce. Upon request, PrimusLabs will provide a list of these compounds.
Since all of the units of produce cannot be tested, it is possible that an individual unit of produce could have tested residues present which exceed the regulatory guidelines. PrimusLabs only certifies that the random sample taken from each field is/is not in compliance with the guidelines. This Certificate is also a statement by the producer that only chemicals approved for use on the crop in the United States have been used to assist in production. Certain compounds detected but not used to assist in production (i.e., drift) have been monitored to undetectable levels in accordance with existing USFDA practices.
Where there is neither an established tolerance or action level, PrimusLabs will use a lower detection limit of fifty parts per billion (50 ppb) unless the lower detection limit of approved methodologies deviates, in which case it shall use the reported lower detection limit.
This document is only one facet of the general overall quality control of the produce tested. It in no way warrants, represents or implies that the produce certified is “safer” or more nutritious than produce that has not been certified.
PrimusLabs is not responsible for claims or damages resulting from compounds not covered in the analysis, nor is it responsible for any claims or damages relating to the nutritional value, physical appearance, decay or other similar factors associated with the produce. PrimusLabs is liable only for the correctness of the report, dealing with the removed random samples, and any damages shall be limited only to the cost of the laboratory analysis.
The Grower / Shipper assumes all responsibility for the product after the field sample collection is made.
PrimusLabs and its officers, directors, shareholders, agents, parent and subsidiary organizations, affiliates, representatives and employees are not liable for any claims or damages arising out of the use of any certified produce. Certification is representative of the condition of the sample only. The sample is statistically representative of the contracted fields and crops at the time of sampling.
Inspected: This service is valuable to distributors, food processors, retailers and growers, when pest control practices are unknown. As examples: purchase of a field or lot by one grower from another with no history of compounds used on the field or sampling from a lot originating in various fields each with unique spray histories. The sample may be gathered from the field or from a storage area. Based on favorable findings, it can warrant that any pesticide residues detected within the sample analyzed are within established government tolerances. PrimusLabs’ personnel conducts the sampling process for the Inspected program and it is returned to the lab under PrimusLabs’s custody. This service allows for targeting of questionable lots and analysis of imported produce not grown under regulations imposed within the United States. Primuslabs liability is limited to the correctness of the laboratory sample only, and any damages shall be limited only to the cost of the laboratory analysis.
Tested: This service is available to all individuals or firms concerned with the pesticide residues present in a specific shipment or commodity, and to companies seeking to avoid adverse publicity. The Tested Program is appropriate for situations in which PrimusLabs cannot practically document the sampling process. Claims regarding product integrity with respect to pesticide residue levels are limited only to the samples sent to the lab, and make no representation whatever as to the status of the balance of the commodity/lot.
Misrepresentation of uncertified as produce certified by PrimusLabs is prohibited by law and will be prosecuted to the fullest extent allowed by law.
Primuslabs’ responsibility is limited to the correctness of the laboratory analysis only, and any damages shall be limited only to the cost of the laboratory analysis.
Microbiological Results Disclaimer:
“PrimusLabs warrants that all analytical work is conducted professionally in accordance with all applicable standard laboratory practices and that this data reflects our best attempt to generate accurate results for the specific sample(s).
PrimusLabs does not assume any liability for and does not constitute or imply an endorsement of the product tested or its producer. PrimusLabs is not responsible for any claims or damages related to the quality or safety of the produce.”
Auditing Results Disclaimer for Field, Harvest, Cooler/Cold Storage, Packing House, Terminal Market/Distribution Center, and Processing Plant Operations:
“Audit results are representative of the condition of the operation at the time of the visit. PrimusLabs makes no claims regarding the validity of information supplied by representatives of the audited entity and does not constitute or imply an endorsement of the operation audited or the entity.”
HACCP Consulting Reports Disclaimer:
“Consulting reports are not intended as and do not imply an endorsement of the client or the operations reviewed.”
Data Generated By Outside Sources Disclaimer:
“This data was compiled by an outside entity and provided to PrimusLabs for display. PrimusLabs makes no claims as to the validity of the information presented herein.”
USER AGREEMENT AND DISCLAIMER
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Access to and use of PrimusLabs’ Internet and associated Intranet sites is subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis as they are subject to modification, alteration or update at any time and at PrimusLabs’ sole discretion. If you do not agree to any term or condition, you should not use this site.
- COPYRIGHT NOTICE
This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyrighted by PrimusLabs. All rights reserved.
- TRADEMARKS NOTICE
PrimusLabs is a trademark. PrimusLabs does not authorize the use of any trade name, trademark, registered trademark, logo or any copyrighted material referenced herein.
- RESTRICTIONS ON USE
PrimusLabs hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display one copy of any documents and related graphics available from this server, provided that (1) this User Agreement and Disclaimer page is included therein, (2) use of the materials available from this server is for informational purposes only, and (3) no graphics available from this server are used separate from accompanying text. Modification or use of the materials in any other context or for any other purpose violates PrimusLabs’ intellectual property rights.
No permission is granted to you to use the materials to hyperlink other Web Sites with this Web Site, or to use the materials on your Web Site in any way or for any reason.
PrimusLabs reserves all rights not expressly granted herein.
- THIRD PARTY SITES
PrimusLabs may from time to time provide links and pointers to Internet sites maintained by third parties (“third party sites”) and it may from time to time provide third party materials on this Web Site. These third party sites and any third party materials are provided for your convenience only. PrimusLabs does not operate or control in any respect any information, products or services available on these third party sites and PrimusLabs is not responsible for their content. PrimusLabs makes no representations whatsoever concerning the content of these sites and the fact that PrimusLabs has provided a link to such sites is NOT an endorsement, authorization, sponsorship or affiliation by PrimusLabs with respect to such sites, its owners or its providers. You access these sites at your own risk.
There are certain risks in using any information, software or products found on the Internet; and PrimusLabs cautions you to make sure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet.
Visitors to PrimusLabs’ Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. If misleading, inaccurate or otherwise inappropriate information is brought to the attention of PrimusLabs, a reasonable effort will be made to fix or remove it.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE’S CONTENT, PRIMUSLABS DOES NOT WARRANT OR REPRESENT THAT THIS SITE’S CONTENT IS ACCURATE, COMPLETE OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRIMUSLABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
PrimusLabs is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall PrimusLabs be liable for any special, direct, indirect, incidental or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the PrimusLabs Web Site.
Notwithstanding the above, in no event shall PrimusLabs’ total liability to you for any and all claims, damages, losses and causes of action exceed the amount paid by you, if any, for accessing this site.
- COMMUNICATIONS AND SUBMISSIONS
Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You acknowledge that you are solely responsible for whatever material or communication you submit to this Web Site, and you, not PrimusLabs, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
- JURISDICTION AND CHOICE-OF-LAW
PrimusLabs operates this Web Site from its offices located in Santa Maria, California, United States of America. Any legal action regarding this agreement or this Web Site shall be brought in Santa Barbara County, the State of California or Federal Courts located within the State of California and by using this site you consent to personal jurisdiction within these courts.
PrimusLabs or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from the PrimusLabs Web Site. PrimusLabs may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from the PrimusLabs Web Site.
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.
BY ENTERING THE PRIMUSLABS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF PRIMUSLABS, THAT THE PROVISIONS DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
YOU ALSO AGREE TO HOLD PRIMUSLABS AND ITS OFFICERS, DIRECTORS, MEMBERS, PARENT AND SUBSIDIARY ORGANIZATIONS, AFFILIATES, REPRESENTATIVES, AND AGENTS HARMLESS FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTIONS WITH YOUR USE OF THE SITE.
Last revised: 1 February 2005