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These Terms of Service ("Terms") govern your access to and use of testasbestos.nyc (the "Site") operated by TestAsbestos.nyc, part of the AZARK ecosystem ("TestAsbestos.nyc," "we," "our," or "us"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
Purpose of the Site
The Site provides information about asbestos testing, inspection, sampling, laboratory testing coordination, ACP-5 filing support, pre-renovation surveys, pre-demolition surveys, and permit-related asbestos documentation services for NYC construction, renovation, alteration, and demolition projects. Nothing on the Site constitutes a binding offer, a contractor agreement, legal advice, engineering advice, or a regulatory determination. Project requirements should be confirmed with the applicable agencies and qualified licensed professionals.
Services and Licensed Parties
TestAsbestos.nyc coordinates asbestos inspections, surveys, sampling, laboratory testing, and ACP-5 filings through NYC DEP-certified asbestos investigators and accredited laboratories. All asbestos investigations and ACP-5 filings are performed by or under the supervision of properly certified professionals where required by NYC DEP and NYS DOL regulations.
Where appropriate, projects may involve separate affiliated companies in the AZARK ecosystem that provide remediation coordination, compliance, architecture, or related services under their own agreements.
Nothing on this Site should be interpreted as a representation that TestAsbestos.nyc performs regulated abatement work. Asbestos abatement must be performed by properly licensed asbestos abatement contractors and certified personnel under separate arrangements.
Use of the Site
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You agree not to use the Site to violate any applicable law or regulation, infringe the rights of others, transmit harmful or malicious code, attempt to gain unauthorized access to any portion of the Site or related systems, scrape or copy content for commercial purposes without written consent, or interfere with the operation or security of the Site.
We reserve the right to suspend or terminate access to the Site for any user who violates these Terms.
Submissions and Uploaded Content
When you submit information through a contact form or upload files such as lab results, asbestos survey reports, floor plans, photographs, or other project documents, you represent that you have the right to share that information and that the submission does not violate any third-party rights or confidentiality obligations.
You grant TestAsbestos.nyc a limited, non-exclusive license to use submitted information for the purpose of evaluating the inquiry, providing services, communicating with you, and coordinating with relevant parties. We do not claim ownership of your submitted content. Uploaded materials are reviewed by our team only and are not shared without your written consent except as needed to coordinate inspection, laboratory testing, or filing work on your behalf.
Estimates, Scope, and Project Requirements
Any estimates, scopes of work, timelines, or guidance provided through the Site or in response to inquiries are preliminary and subject to confirmation through a written agreement. Final scope and pricing depend on the size of the work area, number of samples required, laboratory turnaround, agency requirements, and other factors that may not be fully apparent at the time of initial review.
Agency determinations, permit approvals, ACP-5 acceptance, and DOB permit release timelines depend on NYC DEP and NYC DOB review processes outside our direct control. We coordinate the work and submit required documentation but cannot guarantee specific outcomes or approval timelines.
No Legal, Engineering, or Regulatory Advice
Nothing on this Site constitutes legal advice, engineering advice, architectural advice, or a regulatory determination. Information about NYC DEP, DOL, and DOB asbestos requirements reflects our general experience and is subject to change as agency rules and procedures evolve. Always confirm current requirements directly with the applicable agency or qualified licensed counsel before making project decisions.
Intellectual Property
All content on the Site, including text, graphics, logos, images, and code, is owned by TestAsbestos.nyc, AZARK, or their licensors and is protected by copyright, trademark, and other intellectual property laws. You may view and print Site content for personal, non-commercial use. Any other use requires prior written permission.
The TestAsbestos.nyc and AZARK names and logos are trademarks of their respective owners. You may not use these marks without prior written consent.
Disclaimers
The Site and its content are provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of information.
TestAsbestos.nyc does not warrant that the Site will be uninterrupted, error-free, or free of harmful components. We do not warrant that any asbestos inspection, ACP-5 filing, or survey will result in permit approval by a specific date or that any project will be cleared of asbestos requirements within a specific timeline.
Any reliance on Site content is at your own risk.
Limitation of Liability
To the fullest extent permitted by law, TestAsbestos.nyc, AZARK, and their officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Site or any information obtained through the Site, even if advised of the possibility of such damages.
In no event shall total liability for any claim arising out of or relating to these Terms or the Site exceed one hundred dollars ($100), or, where prohibited from such limitation, the minimum amount required by applicable law. This limitation does not apply to liability arising from work performed under a separate written services agreement, which is governed by the terms of that agreement.
Indemnification
You agree to indemnify and hold harmless TestAsbestos.nyc, AZARK, and their officers, employees, agents, and affiliates from any claims, damages, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another party.
Third-Party Links
The Site may contain links to third-party websites or resources including NYC DEP, NYC DOL, NYC DOB, and other agency portals. We provide these links for convenience only. TestAsbestos.nyc does not control, endorse, or assume responsibility for the content, privacy practices, or actions of any third-party site.
Governing Law and Disputes
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Updates to These Terms
We may update these Terms from time to time. Updates will be posted on this page with a revised effective date. Your continued use of the Site after an update constitutes acceptance of the revised Terms.
Contact Us
TestAsbestos.nyc
130 W 37th Street, Ground Floor, New York, NY 10018