TERMS AND CONDITIONS

Last updated 08/16/23

AGREEMENT TO OUR LEGAL TERMS

We are The Lab LBK LLC,
doing business as The Lab (“Company,” “we,” “us,” “our”), a company registered
in Texas, United States at 6901 Quaker Ave. Suite 100 Lubbock, TX 79424.

We operate the website getthelab.com
(the “Site”), as well as any other related products and services that refer or
link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone
at (817 880-3633, email at [email protected], or by mail to 6901 Quaker
Ave. Suite 100 Lubbock, TX 79424.

These Legal Terms constitute
a legally binding agreement made between you, whether personally or on behalf
of an entity (“you”), and The Lab, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood,
and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and
conditions or documents that may be posted on the Services from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Legal Terms from
time to time. We will alert you about any changes by updating the “Last
updated” date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically review
these Legal Terms to stay informed of updates. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.

All users who are minors in
the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to
use the Services. If you are a minor, you must have your parent or guardian
read and agree to these Legal Terms prior to you using the Services.

We recommend that you print
a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY
RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER GENERATED
CONTRIBUTIONS

6. CONTRIBUTION LICENSE

7. SERVICES MANAGEMENT

8. TERM AND TERMINATION

9. MODIFICATIONS AND
INTERRUPTIONS

10. GOVERNING LAW

11. DISPUTE RESOLUTION

12. CORRECTIONS

13. DISCLAIMER

14. LIMITATIONS OF LIABILITY

15. INDEMNIFICATION

16. USER DATA

17. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

18. SMS TEXT MESSAGING

19. CALIFORNIA USERS AND
RESIDENTS

20. MISCELLANEOUS

21. CONTACT US

1. OUR SERVICES

The information provided
when using the Services is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.

The Services are not
tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use the Services. You may not use the Services in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY
RIGHTS

Our intellectual property

We are the owner or the
licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics in the Services (collectively, the “Content”),
as well as the trademarks, service marks, and logos contained therein (the
“Marks”).

Our Content and Marks are
protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United States
and around the world.

The Content and Marks are
provided in or through the Services “AS IS” for your personal, non-commercial
use or internal business purpose only.

Your use of our Services

Subject to your compliance
with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we
grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and

download or print a copy of
any portion of the Content to which you have properly gained access.

solely for your personal,
non-commercial use or internal business purpose.

Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.

If you wish to make any use
of the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request to: [email protected].
If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying
our Content.

We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.

Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section
and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services
to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.

Submissions: By directly
sending us any question, comment, suggestion, idea, feedback, or other
information about the Services (“Submissions”), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.

You are responsible for what
you post or upload: By sending us Submissions through any part of the Services
you:

confirm that you have read
and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish,
upload, or transmit through the Services any Submission that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;

to the extent permissible by
applicable law, waive any and all moral rights to any such Submission;

warrant that any such
Submission are original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and

warrant and represent that
your Submissions do not constitute confidential information.

You are solely responsible
for your Submissions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you
represent and warrant that: (1) you have the legal capacity and you agree to
comply with these Legal Terms; (2) you are not a minor in the jurisdiction in
which you reside, or if a minor, you have received parental permission to use
the Services; (3) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (4) you will not
use the Services for any illegal or unauthorized purpose; and (5) your use of
the Services will not violate any applicable law or regulation.

If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use
the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.

As a user of the Services,
you agree not to:

Systematically retrieve data
or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.

Trick, defraud, or mislead
us and other users, especially in any attempt to learn sensitive account
information such as user passwords.

Circumvent, disable, or
otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.

Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Services.

Use any information obtained
from the Services in order to harass, abuse, or harm another person.

Make improper use of our
support services or submit false reports of abuse or misconduct.

Use the Services in a manner
inconsistent with any applicable laws or regulations.

Engage in unauthorized
framing of or linking to the Services.

Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment
of the Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.

Engage in any automated use
of the system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or
other proprietary rights notice from any Content.

Attempt to impersonate
another user or person or use the username of another user.

Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).

Interfere with, disrupt, or
create an undue burden on the Services or the networks or services connected to
the Services.

Harass, annoy, intimidate,
or threaten any of our employees or agents engaged in providing any portion of
the Services to you.

Attempt to bypass any
measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.

Copy or adapt the Services’
software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.

Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Services.

Except as may be the result
of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services, or
use or launch any unauthorized script or other software.

Use a buying agent or
purchasing agent to make purchases on the Services.

Make any unauthorized use of
the Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.

Use the Services as part of
any effort to compete with us or otherwise use the Services and/or the Content
for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED
CONTRIBUTIONS

The Services does not offer
users to submit or post content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Services, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Services and through
third-party websites. When you create or make available any Contributions, you
thereby represent and warrant that:

The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.

You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services
and these Legal Terms.

You have the written
consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not
false, inaccurate, or misleading.

Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).

Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not
used to harass or threaten (in the legal sense of those terms) any other person
and to promote violence against a specific person or class of people.

Your Contributions do not
violate any applicable law, regulation, or rule.

Your Contributions do not
violate the privacy or publicity rights of any third party.

Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.

Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.

Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Legal Terms, or any applicable law or regulation.

Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among
other things, termination or suspension of your rights to use the Services.

6. CONTRIBUTION LICENSE

You and Services agree that
we may access, store, process, and use any information and personal data that
you provide and your choices (including settings).

By submitting suggestions or
other feedback regarding the Services, you agree that we can use and share such
feedback for any purpose without compensation to you.

We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.

7. SERVICES MANAGEMENT

We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome to
our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the
Services.

8. TERM AND TERMINATION

These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.

If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.

9. MODIFICATIONS AND
INTERRUPTIONS

We reserve the right to
change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance
of the Services.

We cannot guarantee the
Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any
time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed to obligate us
to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.

10. GOVERNING LAW

These Legal Terms and your
use of the Services are governed by and construed in accordance with the laws
of the State of Texas applicable to agreements made and to be entirely
performed within the State of Texas, without regard to its conflict of law principles.

11. DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to
resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which
are available at the American Arbitration Association (AAA) website. Your
arbitration fees and your share of arbitrator compensation shall be governed by
the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing,
but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if
the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in
Lubbock, Texas. Except as otherwise provided herein, the Parties may litigate
in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.

If for any reason, a Dispute
proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the

state and federal
courts located in Lubbock, Texas, and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application
of the United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Legal Terms.

In no event shall any
Dispute brought by either Party related in any way to the Services be commenced
more than one (1) years after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the
following Disputes are not subject to the above provisions concerning binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.

12. CORRECTIONS

There may be information on
the Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior
notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON
AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.

14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION

You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of
your representations and warranties set forth in these Legal Terms; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.

16. USER DATA

We will maintain certain
data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Services. You agree that we shall have no liability
to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such
data.

17. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.

18. SMS TEXT MESSAGING

Opting Out

If at any time you wish to
stop receiving SMS messages from us, simply reply to the text with “STOP.” You
may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message
and data rates may apply to any SMS messages sent or received. The rates are
determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or
need assistance regarding our SMS communications, please email us at [email protected]
or call at (817 880-3633.

19. CALIFORNIA USERS AND
RESIDENTS

If any complaint with us is
not satisfactorily resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.

20. MISCELLANEOUS

These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.

21. CONTACT US

In order to resolve a
complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:

The Lab

6901 Quaker Ave. Suite 100
Lubbock, TX 79424

Phone: (817) 880-3633