Site Terms

1. Who we are and what these terms cover

This site is operated by The Testing Agency LLC (“The Testing Agency,” “we,” “us”). These Site Terms govern your use of the-testing-agency.com, info.the-testing-agency.com, and any page, form, or landing page we host on either of them.

Using the site means you accept these terms. If you do not accept them, do not use the site.

Two other documents sit alongside this one. How we handle your information is in our Privacy Policy. Anything to do with the $5,000 giveaway is governed by its Official Rules and Campaign Terms and its Giveaway Privacy Notice, and where a promotion document and these terms disagree about that promotion, the promotion document controls.

2. Business use only

Our services are sold business to business. To use this site or request work you must be at least 18 years old and acting on behalf of a company, and you must have authority to bind that company. Where these terms say “you,” they mean both you personally and the company you are acting for.

The site is not directed at consumers or at children, and we do not knowingly collect information from anyone under 16.

3. What the site is

The site describes our services, lets you send us testing jobs, and from time to time runs promotions. Everything on it is general information about what we do.

• It is not a quote. Prices, availability, and service areas can change without notice.
• It is not an offer we are bound to accept. We can decline any job for any lawful reason.
• It is not professional advice. Nothing on the site is legal, insurance, medical, industrial hygiene, or remediation advice, and nothing on it tells you what a claim is worth or how to handle one.

We try to keep the site accurate but we do not promise that it is complete or current, and we may change or remove any part of it at any time.

4. Sending us a job

You can send us a testing job by text, by email, or through a form on this site. A submission is a request. It is not a booking and it is not an accepted job.

When you send a job you are confirming that you have the property owner’s or occupant’s permission for us to attend and sample, that the access details and claim information you gave us are accurate, and that you have told us about any known hazard at the site. We rely on that. If a site turns out to be unsafe, inaccessible, or different from what you described, we may leave and charge for the trip.

Prices, payment terms, cancellation windows, and anything else specific to a job are set out in the estimate, invoice, or service agreement for that job. Those documents control over these terms for the work they cover.

5. Test results and reports

A report says what our sampling found, at the locations sampled, on the day we sampled them. That is the whole of what it says.

• A report is prepared for the party that ordered it. No one else is entitled to rely on it, and you may not present it as having been prepared for anyone else.
• Results describe the sampled locations only. Conditions elsewhere in a building, or at a later date, can differ.
• A report is not a scope of work, a remediation plan, or a clearance unless it says on its face that it is one.
• We do not decide whether an insurer pays a claim, and nothing we produce should be described to a policyholder as guaranteeing that outcome.

Do not alter a report, quote from it selectively in a way that changes its meaning, or remove our name or the sampling detail from it. You may share a report in full with your client, the property owner, and the insurer on the claim it relates to.

6. Emails, calls, and text messages

When you give us your phone number or email address, you agree that we may contact you about your jobs, your account, and anything you have asked us about. Those are transactional messages and you cannot opt out of them while a job is open, although you can close your account with us at any time.

Text messages are separate and always optional. We text you only if you checked the box asking us to, or you texted us first. Consent to marketing texts is never a condition of getting a quote or having a job done.

Marketing emails carry an unsubscribe link in every message. Unsubscribing from marketing does not stop messages about a job you have open with us.

7. Promotions

We run promotions from time to time. Each one has its own rules, and those rules are what govern it, including who is eligible, how entries are earned, and how a winner is picked. The current promotion is the $5,000 giveaway, and its Official Rules and Campaign Terms apply to it in full.

Nothing in a promotion changes the price, scope, or standard of the testing work itself, and no promotion obliges us to accept a job.

8. What you send us

You keep ownership of the photos, documents, claim details, and other material you send us. By sending it you give us permission to use it to do the work, to keep it in our records, and to share it with the vendors and parties described in the Privacy Policy.

You are confirming that you are allowed to send it to us, including any personal information about a property owner or occupant, and that sending it to us does not break an agreement or a law.

If you want to use us in a case study, a testimonial, or a marketing photo, or you want us to use yours, we will ask each other in writing first. Neither of us has permission by default.

9. Things you may not do

• Submit a job you have no authority to submit, or a fake, duplicate, or automated submission.
• Scrape, crawl, mirror, or bulk download the site, or use a bot on our forms.
• Try to get into any part of the site, account, or system you were not given access to.
• Interfere with the site, upload anything malicious, or test its security without our written permission.
• Copy our copy, layout, or materials for a competing service, or use our name or logo without permission.
• Misrepresent a report, or tell a customer that a test result guarantees an insurance outcome.

We may suspend or refuse service to anyone who does any of this, and we may keep the records needed to deal with it.

10. Our materials

The site, its copy, its design, our reports, our forms, and our name and logo belong to The Testing Agency or to the people who licensed them to us. You may view the site and print or save a page for your own business use. Everything else needs our written permission.

11. Other companies’ sites and platforms

The site links to and runs on services other companies operate, including our forms and messaging platform, our email provider, and social media platforms. We do not control those companies and we are not responsible for what they do or for their terms. When you use one of them, their terms apply to you as well as ours.

12. No warranties

The site is provided as is. To the fullest extent the law allows, we disclaim all warranties about the site, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error free, or secure.

This section is about the site. The standard of care for testing work we actually perform is set out in the estimate, invoice, or service agreement for that job.

13. Limitation of liability

To the fullest extent the law allows, neither The Testing Agency nor its owners, employees, or contractors is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business, lost claim revenue, or loss of data, however caused, even if we were told the loss was possible.

Our total liability for any claim relating to the site or to a service is limited to the amount you paid us for the specific service the claim is about in the twelve months before the claim arose, or one hundred dollars if you paid us nothing.

Some states do not allow some of these exclusions. Where that is the case, the exclusion applies only as far as the law allows.

14. Indemnity

You agree to defend, indemnify, and hold us harmless from any claim, loss, or expense, including reasonable legal fees, arising out of your use of the site, your submissions, your use or presentation of a report, your breach of these terms, or your breach of anyone else’s rights.

15. Governing law and where disputes are heard

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute that is not resolved between us goes to the state or federal courts sitting in Sacramento County, California, and both of us consent to that venue.

Talk to us first. Most things get fixed with a phone call, and we ask that you contact us before starting anything formal.

16. Changes, and the rest

We may update these terms. The date at the top of the page is when we last changed them, and using the site after that date means you accept the new version. For a change that materially reduces your rights we will make it obvious on the site.

If any part of these terms is held unenforceable, the rest still applies. Not enforcing a term once does not waive it. These terms, plus the documents they link to and the paperwork for a specific job, are the whole agreement about the site.