CWD Test Kits

Venison, Lymph Nodes, Brainstem
RT-QuIC Substrate

Molecular Research Use Only
Research Services

Academic, State, Tribal, Federal
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Terms of service

TERMS AND CONDITIONS FOR PRODUCT/SERVICE SALES
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR THROUGH THE SALES TEAM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS PRIOGEN CORP. IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PRIOGEN CORP., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THEWEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 
  1. AGREEMENT. These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://www.priogen.store/ (the “Site”) or through communications with Priogen Corp.’s sales team (the “Team”). These Terms are subject to change by Priogen Corp. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site or provided by the Team, and you should review these Terms before purchasing any product or services. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
  2. ORDERS. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. [After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Priogen Corp. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 612-200-2643.
  3. PRICES, TAXES AND PAYMENT TERMS. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed or provided in an estimate/invoice and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart or invoice and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.  Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the credit cards and payment methods listed on the Site or in the invoice for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
  4. DELIVERY, TRANSFER OF TITLE AND RISK OF LOSS. We will arrange and be responsible for shipment of the products or supplies to the customer/client. Please check the individual product page for specific delivery options of Site purchases. You will pay all shipping and handling charges specified during the ordering process or detailed within the invoice. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  5. RETURNS; REFUNDS.  Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.  Unfortunately, we do not accept returns or process refunds for Site purchases. Please get in touch if you have questions or concerns about your specific item.  You can always contact us for any return question at support@priogen.bio. 
  6. TESTING SERVICES. In order to use the testing services, please carefully read and follow the instructions enclosed in the test kits or provided by the Team.  For Site purchases, if you use the provided return label, you must ship packages on Monday, Tuesday, or Wednesday. The client is otherwise responsible for shipment of samples to Priogen Corp. and assumes all risk associated. Priogen Corp. is not responsible for non-testable samples or inaccurate results if instructions are not followed as provided.  Priogen Corp. testing assays are not officially recognized by any State, Provincial, or Federal agency for regulatory purposes. Priogen Corp. testing services are not intended for food safety. Detected results indicate that the samples provided have significant seeding activity which is consistent with a sample containing a misfolded protein. Testing cannot differentiate between misfolded protein types or sources. All individual sample results are reported as detected or not detected. Analysis of results and temporal trends are subject to the customer providing truthful and accurate metadata. Priogen Corp. does not provide recommended actions in response to the results. Results may not align with other detection assay (e.g., ELISA, IHC) results from the same animal or herd due to variable prion content across tissues/animals, assay performance differences, and disease progression in individual deer. Priogen Corp reserves the rights to customer information and sample results and associated data. Samples will be retained in Priogen Corp’s laboratory for no longer than three months.
PRIOGEN CORP.’S PRODUCTS OR SERVICES ARE NOT DESIGNED TO BE FAIL-SAFE AND SHALL NOT BE USED IN CONNECTION WITH HUMAN APPLICATIONS OR OTHER APPLICATIONS THAT INVOKE POTENTIAL RISKS OF DEATH, BODILY INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE.  You shall hold Priogen Corp. harmless against all claims, losses, damage, or injury arising out of or related to the use of our products and services.
  1. PRIVACY.  Our Privacy Policy, https://priogen.store/policies/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site or otherwise from the provision of testing services. All data will be kept confidential except for the following, detected results will be reported to the appropriate State/Provincial/Federal agencies as required by law. It is the responsibility of the customer/client to anonymize identification data for purposes of privacy. For the avoidance of doubt, Priogen Corp. may collect, store, transmit, sell, license or use any data (except personally identifiable information) generated in connection with our testing services for any purpose whatsoever.
  2. SALE CONVEYS NO LICENSE. The products are offered for sale and are sold by Priogen Corp. subject to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent, copyright or other intellectual property right of Priogen Corp. or its licensors or with respect to which Priogen Corp. or its licensors can grant licenses. Priogen Corp. expressly reserves all its rights under such patents, copyrights or other intellectual property rights.
  3. DISCLAIMER OF WARRANTIES. REAGENT WARRANTY: Priogen Corp. guarantees that each reagent will meet the specification on the Instructions and/or Certificate of Analysis when used as directed under normal conditions. Priogen Corp. will replace non-conforming reagents, except where defects result from alterations by the Purchaser or failure to follow provided instructions. The warranty is valid from delivery until the reagents' expiration, 'use by' date, or specified number of uses. ALL OTHER PRODUCTS AND SERVICES OFFERED ON THIS SITE OR BY THE TEAM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.  YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS.
  4. COMPLIANCE WITH LAW. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from Priogen Corp. for your own personal use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
  5. FORCE MAJEURE. Neither party shall be liable for any loss, damage or penalty resulting from a failure to fulfill an obligation (other than payment of money) when such failure is due to causes beyond the party’s reasonable control, including but not limited to supplier delay, force majeure, act of God, war, civil or labor unrest, fire, explosion or natural disaster. Nothing in this section relieves you of the obligation to pay Priogen Corp. for delivered products and services.
  6. REVERSE ENGINEERING RESTRICTION. You shall not reverse engineer, copy, disassemble, tamper with, or otherwise attempt to reconstruct any physical embodiments, prototypes, samples, methods, software or products provided hereunder to you.  In the event that you breach this section regarding reverse engineering, all data and results and/or any inventions, discoveries, or works arising therefrom shall be solely owned by Priogen Corp. and you shall, at its expense, assign any such inventions or discoveries to Priogen Corp.
  7. INTELLECTUAL PROPERTY RIGHTS. Priogen Corp. and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site.  If any products are marked with patent notices or markings, you shall not remark or modify any such product markings including, but not limited to, the product logo, part number, patent marking or other printed or attached labeling in any way. 
  8. LIMITATION OF LIABILITY. PRIOGEN CORP.’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND/OR SALE OF PRODUCTS, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO THREE TIMES THE AMOUNT RECEIVED BY PRIOGEN CORP. FROM YOU FOR THE PRODUCTS WHICH GIVE RISE TO SUCH LIABILITY OR CLAIMS. IN NO EVENT SHALL PRIOGEN CORP. BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY YOU, OR FOR ANY LOST PROFITS, LOSS OF DATA OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY ON WHICH SUCH CLAIM IS BASED. THE EXCLUSIONS AND LIMITATIONS OF THIS SECTION ON LIMITATION OF LIABILITY ALSO APPLY TO ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST YOU. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF PRIOGEN CORP. ARISING OUT OF THIS CONTRACT AND/OR SALE OF PRODUCTS. THE LIABILITY LIMITATIONS HEREIN SHALL CONTINUE TO APPLY EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. PRIOGEN CORP. DISCLAIMS ALL LIABILITY OF ANY KIND ON BEHALF OF PRIOGEN CORP.’S LICENSORS AND SUPPLIERS. NOTHING IN THESE TERMS AND CONDITIONS SHALL IN ANY WAY LIMIT ANY APPLICABLE CONSUMER RIGHTS UNDER LOCAL LAW.
  9. DISPUTE RESOLUTION AND BINDING ARBITRATION.
YOU AND PRIOGEN CORP. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the ‘AAA Rules”) then in effect, except as modified by this Section 15. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PRIOGEN CORP. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
  1. MISCELLANEOUS. These Terms and Conditions are governed by the laws of the State of Minnesota without giving effect to conflict of laws rules and principles, and excludes application of the United Nation’s Convention on Contracts for the International Sale of Goods.  You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.  The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Priogen Inc.  These Terms do not and are not intended to confer any rights or remedies upon any person other than you.  We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.  To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Priogen Corp. 1000 Westgate Drive, 9150-C, Saint Paul MN 55114, United States. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.  If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.  These Terms, our Shopify Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.