Toxin Testers – Terms of Service

Effective Date: 09/28/2025

Welcome to Toxin Testers! These Terms of Service (“Terms”) govern the use of services provided by Toxin Testers LLC (“Toxin Testers,” “we,” “our,” or “us”).

By booking, paying for, or using any of our services, you agree to these Terms in full. If you do not agree, do not use our services.

1. Definitions

“Informational Services” – Services intended solely to provide lab-generated data for personal knowledge and awareness.

“Licensed Inspection” – An inspection performed by a licensed professional or company in compliance with federal, state, or local laws (e.g., EPA, NYC Department of Health, HPD).

“Compliance Testing” – Testing required by law or regulation, including but not limited to lead-based paint inspections, asbestos surveys, mold assessments, or post-abatement clearance tests.

“Report” – Any document or communication provided by Toxin Testers that contains sampling data, lab results, or findings.

2. Scope of Services (What We Do)

Toxin Testers provides environmental sampling services designed to help clients better understand potential environmental risks in their home or property.

Our role is strictly limited to:

• Collecting environmental samples from areas identified by the client
• Submitting those samples to accredited third-party laboratories
• Delivering the raw lab results and data back to the client

We do not:

• Provide legal, regulatory, or compliance testing
• Offer remediation, abatement, or repair services
• Interpret results as a professional opinion or certification of safety

3. Exclusions & Limitations (What We Do NOT Do)

Toxin Testers has licensed professionals, but these results are not intended to satisfy legal or regulatory requirements under federal, state, or local law, including but not limited to:

• NYC Local Law 31 (lead-based paint inspections and HPD compliance)
• NYC Local Law 55 (mold and allergen hazards)
• EPA or HUD lead regulations
• Post-abatement clearance testing

Our reports cannot be used for:

• Compliance with HPD, DOH, or other government agencies
• Legal proceedings, court filings, or tenant disputes
• Real estate transactions, mortgages, or closings
• Proof of remediation or regulatory clearance

Important: If you need legally valid regulatory inspection services, you should hire a licensed inspection company focused on that specific toxin inspection.

4. Informational Nature of Reports

All results, findings, and reports provided by Toxin Testers are for informational purposes only and are not a substitute for professional inspections or advice.

You understand and agree that:

• Results do not guarantee safety, compliance, or habitability
• Toxin Testers makes no representations or warranties regarding the condition of your property
• Reports should be viewed as data only, without interpretation or recommendation

5. Client Responsibilities

By engaging our services, you agree that:

• You are responsible for providing safe and accessible sampling locations.
• You understand our services are non-regulatory and informational only.
• You will not submit our reports to government agencies or use them for compliance purposes.
• You will consult licensed professionals for any compliance or legal obligations.
• You are solely responsible for taking any next steps regarding your property based on results.

6. Payment & Refund Policy

Payment Due: Full payment must be made at the time of booking or prior to report delivery.

Refunds:

• Cancellations made 24 hours or more before the scheduled service will receive a full refund.
• No refunds will be issued once sampling has begun.

Chargebacks: Any unauthorized chargebacks will be disputed, and you remain responsible for the original service fee.

7. Limitation of Liability

To the maximum extent permitted by law:

• Toxin Testers shall not be liable for any damages, losses, or expenses arising from the use of our services or reports.
• In no event shall our total liability exceed the amount you paid for the service.
• This limitation applies to all legal theories, including breach of contract, negligence, or strict liability.

8. Indemnification

You agree to indemnify and hold harmless Toxin Testers, its owners, employees, and agents from any claims, damages, or costs arising from:

• Your use or misuse of our services or reports
• Your failure to comply with applicable laws or regulations
• Any disputes between you and third parties (e.g., tenants, landlords, contractors)

9. No Warranty

All services are provided “as is” and “as available.”

Toxin Testers makes no warranties, express or implied, including:

• Accuracy or completeness of results
• Safety or compliance of your property
• Suitability of results for any particular purpose

10. Service Refusal & Termination

We reserve the right to refuse or terminate services at our sole discretion if:

• We believe the requested service would trigger regulatory requirements
• The scope of work exceeds purely informational testing
• Unsafe or hazardous conditions are present at the sampling location

11. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of law principles.

12. Changes to Terms

We may update these Terms at any time. Updated Terms will be posted on our website and will become effective immediately unless otherwise stated.

13. Acknowledgment of Agreement

By booking, paying for, or using Toxin Testers services, you:

• Confirm that you have read, understood, and agreed to these Terms
• Acknowledge that our services are non-regulatory and informational only
• Accept full responsibility for how you use the provided data and reports

14. Contact Information

For questions about these Terms or our services, please contact us:

Toxin Testers LLC
228 Park Ave S PMB 969321
New York, NY 10003
Phone: (516) 400 - 3032
Email: Mark@toxintesters.com
Website: https://www.toxintesters.com

Important Disclaimer

Toxin Testers is not a licensed inspection, assessment, or remediation company. Our reports and services do not meet legal requirements for compliance under NYC Local Laws, HPD, DOH, EPA, or HUD.

Clients are solely responsible for hiring licensed professionals to address compliance, remediation, or legal matters. By using our services, you release Toxin Testers from any liability related to compliance, safety, or regulatory actions.