Terms & Conditions

These Terms & Conditions (“Terms”) govern all services provided by Bear Skin LLC, doing business as Altitude Consulting LLC (“Lab,” “we,” “us,” or “our”), including laboratory testing services, online account access, report generation, sample submission, subcontracted testing, and use of our website, client portal, order forms, invoices, reports, and related systems.

By creating an account, submitting an order, sending or delivering samples, requesting services, paying an invoice, accessing a report, or otherwise using our services, you agree to these Terms on behalf of yourself and any company, organization, or other entity you represent (“Client,” “you,” or “your”).

These Terms incorporate by reference the Lab’s Sample Submission & Chain of Custody Terms and COA / Report Use Policy. By agreeing to these Terms, you also agree to those documents.

If you do not agree to these Terms, you may not use our services or submit samples to the Lab.

1. Definitions

Client means the person, company, organization, or entity requesting services from the Lab.

Sample means any material, product, ingredient, extract, biomass, finished good, formulation, environmental sample, or other item submitted to the Lab for testing, review, storage, handling, or analysis.

Services means laboratory testing, sample preparation, data review, reporting, subcontracted testing, consulting if separately agreed, use of the client portal, and related services provided by the Lab.

Report or COA means a certificate of analysis, laboratory report, amended report, data summary, or other document issued by the Lab.

Order means any request for Services submitted through the Lab’s website, client portal, order form, quote, invoice, chain-of-custody form, email, or other approved method.

Portal means any online platform, client account, dashboard, upload page, ordering system, or reporting interface provided by the Lab.

2. Authority to Bind Client

By submitting an Order, creating an account, sending Samples, or accepting these Terms, you represent that you are authorized to act on behalf of the Client and to bind the Client to these Terms.

If you submit Samples or request Services on behalf of a company or other entity, that entity is responsible for all Orders, fees, representations, obligations, and liabilities arising from your actions.

3. Scope of Services

The Lab provides analytical testing and related laboratory services. The specific Services provided for each Order are determined by the test selections, quote, invoice, chain-of-custody form, client portal submission, written agreement, or other documentation accepted by the Lab.

Unless expressly agreed in writing, the Lab does not provide:

• legal advice
• regulatory compliance advice
• medical advice
• product-safety certification
• formulation approval
• product endorsement
• marketability approval
• shipping legality determinations
• labeling approval
• tax, import/export, or controlled-substance advice
• guarantees that any product may lawfully be manufactured, possessed, transported, advertised, distributed, or sold

Client is solely responsible for determining whether its products, ingredients, Samples, labels, claims, packaging, advertising, distribution practices, and sales comply with applicable law.

4. Client Responsibilities

Client is responsible for:

• submitting accurate and complete information
• selecting the appropriate tests
• accurately identifying each Sample
• disclosing the correct matrix, product type, ingredients, hazards, concentration ranges, and any known risks
• ensuring lawful possession, transfer, delivery, and shipment of Samples
• ensuring Samples are packaged safely and legally
• maintaining any required licenses, permits, registrations, or authorizations
• determining whether Samples may legally be submitted to the Lab
• reviewing Reports for consistency with the submitted Order
• using Reports only in accordance with these Terms and the Lab’s COA / Report Use Policy
• paying all fees owed to the Lab

The Lab is entitled to rely on information provided by Client. The Lab is not responsible for errors, delays, incorrect results, report limitations, regulatory issues, or business losses arising from inaccurate, incomplete, misleading, or omitted information supplied by Client.

5. Orders, Quotes, and Acceptance

An Order is not accepted until the Lab confirms acceptance, receives the Sample, begins work, issues an invoice, or otherwise indicates acceptance.

The Lab may reject, cancel, modify, pause, or refuse any Order for any reason, including but not limited to:

• insufficient Sample quantity
• leaking, damaged, unsafe, unstable, contaminated, decomposed, mislabeled, or unlabeled Samples
• Samples outside the Lab’s scope of testing
• suspected unlawful material
• incomplete information
• unpaid balances
• safety concerns
• chain-of-custody concerns
• capacity limitations
• method limitations
• regulatory concerns
• suspected misuse of Reports
• abusive or fraudulent conduct

The Lab may request additional information before beginning or completing Services.

6. Sample Submission, Shipping, and Chain of Custody

Client is responsible for proper Sample collection, packaging, labeling, storage, transport, and delivery to the Lab.

Unless the Lab separately agrees in writing to perform sampling, the Lab does not certify that a Sample is representative of any batch, lot, product line, inventory, harvest, production run, or shipment.

Results apply only to the Sample portion received and tested by the Lab.

Additional terms governing Sample submission are set forth in the Lab’s Sample Submission & Chain of Custody Terms, which are incorporated into these Terms by reference.

7. Regulated, Controlled, Hazardous, or Restricted Materials

Client is solely responsible for determining whether any Sample may lawfully be possessed, transported, shipped, delivered, tested, returned, stored, or disposed of.

Client represents and warrants that all Samples submitted to the Lab are submitted in compliance with applicable federal, state, local, and tribal laws, regulations, rules, ordinances, license conditions, and carrier requirements.

The Lab may refuse, quarantine, dispose of, return, transfer, or notify appropriate authorities regarding any Sample that the Lab reasonably believes is unlawful, unsafe, misdeclared, hazardous, unstable, contaminated, or otherwise inappropriate for testing.

Acceptance of a Sample by the Lab does not mean the Lab has determined that the Sample is lawful, safe, compliant, marketable, or authorized for sale.

8. Testing Methods and Limitations

The Lab performs testing using methods, instruments, procedures, and quality-control systems selected by the Lab unless a specific method is required by written agreement or applicable accreditation scope.

Client acknowledges that analytical testing is subject to limitations, including but not limited to:

• matrix effects
• extraction variability
• sample heterogeneity
• method detection limits
• limits of quantitation
• measurement uncertainty
• instrument variability
• calibration limitations
• degradation or instability of analytes
• contamination risk
• data review requirements
• method suitability limitations

A non-detect result does not necessarily mean absolute absence of an analyte. It means the analyte was not detected under the method conditions and reporting limits applicable to the analysis.

9. Turnaround Times

Turnaround times are estimates unless expressly stated in a written agreement signed by the Lab.

Turnaround times may be affected by:

• Sample condition
• Sample complexity
• matrix interference
• quality-control review
• re-extraction
• reanalysis
• instrument downtime
• staff availability
• subcontracted testing
• missing or inaccurate information
• delayed payment
• regulatory concerns
• shipping delays
• events outside the Lab’s control

The Lab is not liable for delays unless a specific written guarantee applies.

Rush, same-day, next-day, or expedited services may be limited by Sample type, test type, method requirements, batching schedules, quality-control review, or Lab capacity. Rush fees may be nonrefundable once work has started or capacity has been reserved.

10. Subcontracted Testing

The Lab may subcontract certain Services to qualified third-party laboratories, consultants, or service providers when necessary or appropriate, including when a test is outside the Lab’s current scope, capacity, instrumentation, accreditation, or method availability.

Subcontracted results may be incorporated into the Lab’s Reports or provided as third-party reports. Subcontracted testing may be subject to the subcontract laboratory’s methods, reporting limits, turnaround times, quality systems, and revision policies.

Client authorizes the Lab to share relevant Sample information, Client information, and order information with subcontractors as necessary to perform the requested Services.

11. Reports and COAs

Reports are issued based on the Sample received, the test requested, the method used, and the data available at the time of reporting.

Reports do not certify or guarantee:

• product safety
• legal compliance
• regulatory approval
• marketability
• consumer suitability
• label compliance
• batch-wide composition
• absence of all contaminants
• fitness for any particular use
• compliance with any retailer, marketplace, state, federal, or international requirement unless expressly stated

Reports are subject to the Lab’s COA / Report Use Policy, which is incorporated into these Terms by reference.

12. Report Revisions

The Lab may revise, amend, correct, withdraw, or supersede a Report if the Lab determines that revision is appropriate, including but not limited to:

• clerical errors
• calculation errors
• transcription errors
• incorrect Sample information
• method updates
• quality-control review
• reanalysis
• subcontract laboratory revisions
• data integrity concerns
• client-provided information changes
• regulatory or accreditation requirements

An amended Report supersedes prior versions. Client must promptly stop using superseded Reports and replace them with the amended version.

13. Payment Terms

Client agrees to pay all fees, charges, rush fees, subcontract fees, shipping fees, administrative fees, taxes, and other amounts associated with Orders and Services.

Unless otherwise agreed in writing, payment is due according to the invoice terms issued by the Lab.

The Lab may require payment before beginning work, before releasing Reports, or before accepting additional Orders.

The Lab may suspend Services, withhold Reports, reject new Orders, or require prepayment if Client has unpaid balances.

Client is responsible for all reasonable costs of collection, including attorneys’ fees, collection agency fees, court costs, and interest, to the extent permitted by law.

Client must dispute any invoice in writing within thirty (30) days after the invoice date. Undisputed amounts remain due.

14. Cancellations, Refunds, and Credits

Cancellation and refund eligibility depends on the status of the Order.

Unless otherwise agreed in writing:

• Orders canceled before Sample receipt may be eligible for refund or credit, less administrative and payment processing costs.
• Orders canceled after Sample receipt but before preparation may be eligible for partial refund or credit at the Lab’s discretion.
• Orders canceled after preparation, extraction, subcontract submission, analysis, data review, or reporting has begun are generally nonrefundable.
• Rush fees are generally nonrefundable once work has started or capacity has been reserved.
• If a Sample is unsuitable, insufficient, unsafe, mislabeled, unlawful, or otherwise not testable, Client may still be responsible for intake, handling, preparation, subcontract, disposal, or administrative fees.

Refunds, credits, and retests for Lab error are handled at the Lab’s discretion and may be limited to reanalysis, report correction, credit, or refund of the affected Service.

15. Confidentiality

The Lab will use reasonable efforts to protect Client’s confidential information, including non-public Sample information, Reports, formulas, business information, and order information.

Confidential information does not include information that:

• is publicly available through no fault of the Lab
• was already known to the Lab without restriction
• is independently developed by the Lab
• is received from a third party without restriction
• must be disclosed by law, subpoena, court order, regulator, accreditation body, or governmental authority
• is necessary to disclose to subcontractors or service providers performing Services

The Lab may disclose information as necessary to comply with legal, regulatory, accreditation, quality-system, safety, or collection obligations.

16. Data, Records, and Retention

The Lab may retain records, Reports, raw data, metadata, communications, invoices, chain-of-custody forms, Sample information, and other documentation according to its internal policies, accreditation requirements, legal obligations, and business needs.

Client may request copies of Reports or records, but the Lab may deny requests that are unreasonable, outside retention periods, restricted by law, related to unpaid accounts, or inconsistent with quality-system requirements.

The Lab owns its internal methods, calculations, templates, workflows, software configurations, LIMS structures, quality-control records, review notes, and proprietary know-how.

17. Client Portal and Online Account Use

Client is responsible for maintaining the confidentiality of usernames, passwords, and account credentials.

Client is responsible for all activity under its account.

Client may not:

• share credentials with unauthorized users
• access another client’s account
• interfere with the Portal
• upload malicious code
• scrape or reverse engineer the Portal
• use the Portal for unlawful purposes
• submit false or misleading information
• attempt to bypass security controls

The Lab may suspend or terminate Portal access at any time for security, compliance, nonpayment, misuse, or operational reasons.

18. Intellectual Property

The Lab retains all rights in its names, logos, trademarks, service marks, report formats, software, templates, methods, processes, databases, calculations, workflows, and proprietary materials.

Client may use Reports only as allowed by these Terms and the COA / Report Use Policy.

No license is granted to use the Lab’s name, logo, trademarks, accreditation marks, or branding except as expressly permitted in writing.

19. Disclaimers

Services and Reports are provided on an analytical testing basis and are not warranties of product safety, legality, compliance, marketability, or fitness for any particular purpose.

To the maximum extent permitted by law, the Lab disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

20. Limitation of Liability

To the maximum extent permitted by law, the Lab’s total liability arising out of or relating to any Order, Sample, Report, or Service shall not exceed the amount paid by Client for the specific Service giving rise to the claim.

The Lab shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including but not limited to:

• lost profits
• lost revenue
• lost business opportunities
• product recalls
• destroyed inventory
• regulatory penalties
• failed inspections
• retailer rejection
• shipment delays
• label changes
• business interruption
• reputational harm
• loss of goodwill
• attorney fees, except where awarded under a specific written agreement or applicable law

This limitation applies regardless of the theory of liability, including contract, tort, negligence, strict liability, warranty, statute, or otherwise.

21. Indemnification

Client agrees to defend, indemnify, and hold harmless the Lab, its owners, officers, employees, contractors, subcontractors, agents, affiliates, and representatives from and against all claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Client’s products
• Client’s Samples
• unlawful or improper Sample possession, shipment, labeling, marketing, sale, or distribution
• inaccurate or incomplete information supplied by Client
• misuse, alteration, or misleading use of Reports
• Client’s regulatory violations
• Client’s breach of these Terms
• claims by Client’s customers, retailers, distributors, regulators, or third parties
• Client’s advertising, labeling, packaging, or product claims

22. Suspension and Termination

The Lab may suspend or terminate Services, accounts, Portal access, report release, or acceptance of future Orders if Client:

• fails to pay amounts owed
• submits unsafe, unlawful, or misrepresented Samples
• misuses Reports
• violates these Terms
• engages in abusive, fraudulent, threatening, or unlawful conduct
• creates legal, regulatory, safety, reputational, or operational risk for the Lab

Termination does not relieve Client of payment obligations or obligations that by their nature should survive termination.

23. Force Majeure

The Lab is not responsible for delay or failure caused by events outside its reasonable control, including but not limited to natural disasters, fire, flood, power outage, equipment failure, supply shortages, labor shortages, illness, cyberattack, shipping delays, government action, regulatory change, war, civil unrest, pandemic, subcontractor delay, or acts of God.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules.

Any dispute arising out of or relating to these Terms, Services, Samples, Orders, or Reports shall be brought exclusively in the state or federal courts located in Arapahoe County, Colorado, unless the parties agree otherwise in writing.

25. Changes to Terms

The Lab may update these Terms from time to time. Updated Terms become effective when posted, unless otherwise stated.

The Terms in effect at the time of Order submission generally apply to that Order, unless a later version is accepted by Client or required by law.

Continued use of the Lab’s website, Portal, or Services after updated Terms are posted constitutes acceptance of the updated Terms.

26. Contact

Questions about these Terms may be sent to:

Bear Skin LLC d/b/a Altitude Consulting LLC
3260 S Platte River Drive
Englewood, CO 80110
admin@altitudeconsultingllc.com