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Terms and Conditions

 

Effective Date: 09/01/2026

Thank you for your interest in environmental testing for nontuberculous mycobacteria (NTM) by the NTM Environmental Reference Laboratory at the University of Texas Health Science Center at Tyler (hereinafter, “ERL”).

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you”) and ERL and set forth ERL’s obligations and responsibilities when you purchase or use ERL’s products and services, including sample collection kits and NTM testing and analysis (“ERL Services”).

By purchasing ERL Services, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract, and (3) you have the authority to enter into these Terms. Please read these Terms carefully because they constitute a legal agreement.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT PURCHASE ERL SERVICES.

  1. About the Services. ERL provides environmental testing for nontuberculous mycobacteria (NTM). NTM are commonly found in the environment, particularly in water, dust, and soil sources and, if exposed to predisposed individuals, can cause chronic lung disease. When you purchase ERL Services, ERL will send a sample collection kit (“Kit”) to the shipping address listed on your order. The Kit will include, among other things, instructions to (a) obtain a suitable sample for the type of testing you have selected (“Sample”); and (b) return the Sample to ERL for analysis. After ERL receives and processes your Sample, results will be made available to you as a result report which is sent to the email address provided on your order.
  2. Purposes and Nature of Services. These services are provided for educational, informational, and research purposes only and are not intended to diagnose, treat, or predict the development of any NTM infections or disease. Testing provided by the ERL is intended for personal use and is not a substitute for professional health care. These services are not intended to provide information that is linked or reasonably linked to an individual—the results of NTM ERL Services are not personal data.
  3. Retention of Test Results and Samples. Samples are retained by ERL until the final result report is sent to you, at which point they are disposed of. If for any reason during the culturing of your sample retesting is needed as determined independently by ERL staff, this will be at no cost to you but will extend the time until you receive your results. However, if you decide for ERL to perform repeat testing on the same sample for any reason, the re-culture cost is the same. If more than 60 days have passed since ERL received your sample and a retest is needed, a new sample should be collected. Final reports will be retained for 5 years. We encourage you to donate your leftover sample(s) and NTM isolates to research. You will have the option, at the time you purchase ERL Services, of consenting to the Honda Laboratory at the University of Texas Health Science Center at Tyler moving your sample from ERL into its research program, where it will be de-identified (and given a new name) and used in studies indefinitely to further the biodiversity knowledge of environmental NTM.
  4. Confidentiality. ERL’s policy is to not divulge or release any information to a third party without proper authorization or as required by law.
  5. Use of Test Results and Samples. Results from these services are not intended to be used in judicial proceedings and are instead intended to be used as a general resource for identifying NTM present in the environment at the time of sample collection. Testing for NTM may provide unexpected results—in utilizing ERL Services, you expressly agree to assume all risks and will not hold ERL liable for any consequences of your use of testing results.
  6. Ownership of Rights. By agreeing to these Terms or purchasing ERL Services, you acknowledge and agree that ERL may use, share, or sell any portion of the Kit, the Sample, test results, and any other data or information collected, for research and development purposes, for internal business purposes, for statistical purposes, to improve the ERL Services, or for any other purpose permitted by applicable law, and that such materials or information may be shared with, disclosed or sold to third parties for these or other lawful purposes. You further acknowledge and agree that ERL shall have all intellectual and other proprietary rights in and to any test results, research findings, analyses, reports, records, data, or other information arising from ERL’s use of the rights granted herein.
  7. Prices and Payment. ERL Services must be paid in full in advance and are non-refundable. Unless otherwise specified, all prices are charged in USD. Customers may be charged credit card fees for currency conversion from non-USD currencies to USD, as applicable. Fees may vary based on currency exchange rates. ERL is not responsible for any fees or charges that your bank or credit card issuer may apply to the purchase of ERL Services.
  8. Governing Law. ERL is a part of The University of Texas at Tyler, which is a governmental entity and part of the State of Texas. By agreeing to these Terms or purchasing ERL Services, you agree to be governed by Texas law, even if you are not a Texas resident.
  9. Disclaimer of Warranties. ERL Services are provided to you “AS IS” and “AS AVAILABLE.” WITHOUT LIMITING THE FOREGOING, ERL DOES NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE ERL SITE AND THE ERL SERVICES. ERL DOES NOT WARRANT THAT ACCESS TO OR USE OF ERL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, ERL IS NOT RESPONSIBLE FOR ANY ERRORS IN OBTAINING THE SAMPLE OR FOR ANY INJURIES OR LOSS THAT MAY OCCUR AS A RESULT, OR THE ACCURACY OR RESULTS OF SAMPLE ANALYSES.
  10. About ERL. ERL is a part of The University of Texas at Tyler, which is a governmental entity. You hereby acknowledge that ERL is an agency of the State of Texas and under the Constitution and laws of the State of Texas possesses certain rights and privileges, is subject to certain limitations and restrictions, and only has such authority as is granted to it under the Constitution and the laws of the State of Texas. Notwithstanding any provision of these Terms, nothing in these Terms is intended to be, nor will it be construed to be, a waiver of the sovereign immunity of the State of Texas or a prospective waiver of restriction of any of the rights, remedies, claims and privilege of the State of Texas. Any claim or cause of action against ERL is only enforceable to the extent authorized by the Constitution and laws of the State of Texas.
  11. Limitation of Liability. In addition to the limitations set forth in Section 8 above, by agreeing to these Terms or using ERL Services, you agree ERL’s liability is limited to the fullest extent allowed by law and as such, is not liable for any unintentional damage, any loss or claim, or any actual, incidental, or consequential damage. EXCEPT AS MAY BE PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF ERL TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE ERL SITE, PURCHASE OF ANY ERL SERVICES, ANY COMMUNICATIONS BETWEEN YOU AND ERL (INCLUDING COMMUNICATIONS THROUGH THIRD PARTIES), AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID ERL FOR ERL SERVICES.
  12. Assignment. You shall not resell or assign your rights, duties or obligations under these Terms, and any attempted assignment or delegation will be void and of no force or effect whatsoever.
  13. Termination. ERL reserves the right, in its sole discretion, to modify, suspend, or terminate any aspect of the ERL Services, in whole or part, for any reason, with or without notice.
  14. Notices. You may contact us by writing to us at the addresses listed below or by using the email listed:

NTM Environmental Reference Laboratory
11937 US Hwy 271
BMR, Lab B4
Tyler, TX 75708
NTMERL@uttyler.edu

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