Iowa State University Plant and Insect Diagnostic Clinic Terms and Conditions
1. Services.The Plant and Insect Diagnostic Clinic at Iowa State University of Science and Technology (“ISU”) shall perform the requested service on the submitted samples or images and prepare a report documenting the results (the “Services”). ISU may provide the report to either the owner of the property from which the sample or image was taken (“Owner”) or to the individual who submitted the sample or image (“Submitter”) or both. ISU provides services to its customers on a first come, first serve basis in most cases.
2. Samples. Plant, insect or soil samples should originate within the boundaries of Iowa. Individuals with out-of-state samples may contact ISU for options. Samples should be submitted in accordance with ISU’s directions. ISU reserves the right to destroy any samples where directions were not followed. Except as set forth in Section 3, ISU shall destroy samples after the Services have been completed. ISU may take photographs or other images of the samples.
3. Images. Photographic or other images of samples may be submitted to ISU. Submitterrepresents and warrants that it owns the copyright to the image. If Submitter does not own the copyright, it shall notify ISU in writing at the time it submits the image. Submitter grants ISU permission to use, display, duplicate, distribute, and create derivative works from the image to perform the Services and for educational, research and outreach purposes. The permission may be revoked by Submitter or Owner upon written notice to ISU.
4. Confidentiality, Use and Disclosure. ISU shall treat as confidential: samples, images, results, reports and communications relating to the Services (“Confidential Information”). Confidential Information does not include information that is or becomes generally known or available to the public through no act of ISU. Except as set forth below, ISU shall use Confidential Information only for providing the Services and shall not disclose Confidential Information to any third party other than to ISU employees and County Extension employees who have agreed to maintain confidentiality.
ISU may also use the Confidential Information for educational, research, and outreach purposes and share Confidential Information with third parties in connection with such purposes so long as ISU does not disclose personally identifiable information of Owner or Submitter. ISU may also provide others with non-personally identifiable information for statistical and tracking purposes.
ISU may release Confidential Information to regulatory officials when required by law or when a sample or image raises regulatory or special concerns, such as the identification of an invasive species not known to occur in Iowa. ISU may also disclose Confidential Information when required to do so in order to comply with a court order, subpoena, warrant or public records request. Unless prohibited from doing so, ISU shall notify Owner or Submitter upon receipt of the foregoing so that Owner or Submitter may take steps to protect the Confidential Information.
5. No Warranty. ISU makes no representations, guarantees or warranties that it will be able to make a diagnosis. In some circumstances, the diagnosis will be unknown or inconclusive. Nor does ISU make any representations, guarantees or warranties as to the accuracy of the results or suitability for particular applications. ISU MAKES NO WARRANTIES REGARDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ISU IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
6. Financial. Payment for the services shall be made at the time the samples or images are submitted to ISU. ISU reserves the right to withhold services until such payment is received. If ISU waives pre-payment of fees, ISU shall send an invoice to the Submitter. Submitter shall pay such invoice within 30 days of the invoice date. If payment is not received when due, ISU may impose a finance charge computed at a periodic monthly rate of 1% per month on the balance or an annual percentage rate (APR) of 12% when computed from the billing date. The unpaid account may be referred for collection, and Submitter shall pay all collection costs and reasonable attorney’s fees if ISU must take action to recover any past due amounts. ISU reserves the right to offset under Iowa Code Section 421.17(27).
7. Publicity. The parties shall not use the name or trademarks of the other party or the name of any of its employees in any publicity or advertising, including endorsements, without the prior written consent of the other party.
8. Relationship of Parties. The parties are independent contractors, and these Terms and Conditions do not create any partnership, joint venture, or employment relationship. ISU’s Services have not been retained in order to admit the results as evidence in litigation, and no ISU employee is obligated to serve as an expert witness as a result of providing the Services.
9. Miscellaneous. These Terms and Conditions, along with the submission forms, constitute the entire agreement between the parties. These Terms and Conditions shall be construed in accordance with the laws of the State of Iowa, and any litigation or actions commenced in connection with the Services shall be instituted in an appropriate court in the State of Iowa.
10. Authority. The individual submitting the sample or image represents and warrants that he or she has the legal authority to enter into this contract on behalf of the Owner and/or Submitter and is authorized, and has obtained the consent of Owner or any other required party, to submit the sample or image to ISU to perform the Services and to grant the permissions set forth in these Terms and Conditions.