***Note: Direct to Consumer Lab Testing Services is not permitted in the following
states of New York, New Jersey, Maryland and Rhode Island. Unfortunately we are
not able to provided lab testing to these states.
This is a binding agreement (“Agreement”) between Lab Test Portal, LLC
(“We”, “Us” or “Our”) and: (a) the person who
logs in to use the LabTestPortal.com service; and (b) the organization that purchased
on the labtestportal.com website (“you” or “your” “user”).
This Agreement governs your use of the LabTestPortal.com Web Site, including, without
limitation, all content such as text, information, images, and audio (collectively,
“Content”) and all services (“Services”) made available
to you through the LabTestPortal Web Site (this Site and the Content and Services
are collectively referred to herein as the “Site”) by us and/or third
Access The Site will be accessible to you via a web portal within
the member enrollment form. All User information provided to us, including without
limitation. The information on the member enrollment form, must be current, accurate,
and complete. If we at any time discover any error or omission in the information
you provide to us, we may, at our option, terminate the right to access and use
the Site. You are responsible (and hereby agree to indemnify and defend Us) for
the acts or omissions by your personnel’s use of the Site, and for any damages
incurred by you or Us as a result thereof. Users must abide by any LabTestPortal
Use Policies as may be amended from time to time by us in our sole discretion.
The Site requires a userID and password, and a current
browser that supports all Site functionality. Certain Services may require additional
authentication. You are solely responsible for:
Maintaining the strict confidentiality of the userIDs, passwords and other access
information (collectively, “IDs”) assigned to your personnel health
Any charges, damages, or losses that may be incurred or suffered as a result of
your failure to maintain the strict confidentiality of your ID and password.
Promptly informing us in writing of any need to deactivate an ID due to security
concerns. We are not liable for any harm related to the theft of your IDs, your
disclosure of your IDs, or your authorization to allow another person or entity
to access and use the Site using your IDs. You agree to immediately notify us of
any unauthorized use of your IDs.
Medical Disclaimers The Content available through the Site is for
informational and educational purposes only and is not a substitute for the professional
judgment of the health care professional in diagnosing and treating patients. We
do not give medical advice, nor do we provide medical or diagnostic services. Your
reliance upon Content obtained by you at or through the Site is solely at your own
risk. Any critical information should be confirmed from its source, not from this
site, before action is taken.
Patient Data and Legal Compliance The Services provided through
the Site may enable Users to transmit, store, and receive confidential user information
(“user Information”). You agree that we, our licensors, and all other
persons or entities involved in the operation of Services provided through the Site,
have the right to monitor, retrieve, store and use your Information in connection
with the operation of such Services, agree to use commercially reasonable efforts
to maintain the confidentiality of such information and prevent the disclosure of
such information to third parties except in connection with the transmission, storage,
retrieval, and disclosure of such information on your behalf and as may be required
or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE
OR MISUSE OF USER INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED
OR RECEIVED USING THE SITE OR THE SERVICES.
General Disclaimers THE SITE IS PROVIDED TO YOU ON AN “AS
IS, WITH ALL FAULTS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. OTHER
THAN THE EXPRESS WARRANTY ABOVE CONCERNING SECURITY, AND ANY EXPRESS OBLIGATIONS
WE UNDERTAKE IN THE Agreement Order Form AND TERMS AND CONDITIONS THEREOF, WE MAKE
NO, AND HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE
OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT
IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS
OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED
OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS,
OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY
OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT
MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the
exclusion or limitation of implied warranties. Therefore, only if required by applicable
law, some or all of the exclusions or limitations above may not apply, however these
exclusions will not prejudice the remainder of these conditions. You may have other
rights from jurisdiction to jurisdiction.
Exclusion of Damages UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE
BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY,
INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES),
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER
WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS,
INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER
FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL
APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not permit the exclusion of certain types of damages. Therefore,
only if required by applicable law, some or all of the exclusions or limitations
above may not apply, however these exclusions will not prejudice the remainder of
these conditions. You may have other rights from jurisdiction to jurisdiction.
Limitation of Liability IF, NOTWITHSTANDING THE OTHER TERMS OF
THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS,
HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES
EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID US DURING THE THREE (3) MONTHS
IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR
CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED
ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU
TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF
LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.
Indemnity You agree to defend, indemnify and hold us harmless against
any losses, expenses, costs or damages (including our reasonable attorneys’
fees, expert fees’ and other reasonable costs of litigation) arising from,
incurred as a result of, or in any manner related to (1) your breach of the terms
of this Agreement, (2) your unauthorized or unlawful use of the Site, and (3) the
unauthorized or unlawful use of the Site by any other person using your IDs.
Entire Agreement This Agreement, the LabTestPortal Privacy Statement,
the (and Terms And Conditions thereof) (collectively, the “LabTestPortal Agreements”)
contain the entire agreement between you and us relating to the subject matter hereof,
and supersedes any other oral or written communications relating thereto. No conflict
is intended between the LabTestPortal Agreements, however, in the event of a conflict,
the following order of priority shall apply, the Privacy Agreement (and Terms And
Conditions thereof) shall control over this Agreement, and both of those shall control
over the LabTestPortal Privacy Statement.
None of the LabTestPortal Agreements may be amended or supplemented by (1) any purchase
order or similar form originated by you relating to the subject matter hereof (other
than an Agreement that is countersigned by Lab Test Portal, Inc.), or (2) statements
of any of our employees. We reserve the right to make changes to this Agreement
and the LabTestPortal Privacy Statement at any time without advance notice. We agree
to post all amended forms of this Agreement and the LabTestPortal Privacy Statement
on the Site and such amended forms shall be effective immediately upon their posting.
It is at all times your responsibility to read the most current form of this Agreement
and the LabTestPortal Privacy Statement before using the Site to ensure that you
agree to the terms and conditions of any amendments made to this Agreement. You
agree that these standards for notice of amendments to this Agreement are reasonable.
Notwithstanding the above, no modification that materially reduces or limits Your
rights shall be effective until 30 calendar days after such modified terms have
been posted on the Site.
Refund Policy You may cancel your order (i.e., your blood test)
anytime before you actually go in to the clinic for your blood draw. However, your
refund will be less five percent (5%) of the total amount of your original charge
as this is to help offset our costs of administration. We only refund by payment
of a check within 30 days of your refund request. You must provide us with an address
for us to mail the refund via US Postal Service. Once your blood has been drawn
by the clinic and sent to the lab for testing, no refund can be made.
Termination Your right to access and use the Site immediately terminates
without further notice upon your breach of any of the Agreements. We may terminate
this Agreement and/or your right to use the Site at any time if You or anyone using
your authentication credentials is violating any agreement or policy identified
herein, and otherwise, we may terminate Your access to the Site and services in
accordance with the Agreements. Upon any termination of the LabTestPortal Agreements,
all of the terms hereof shall survive. We reserve the right to discontinue or make
changes to the Site at any time, however, except in the case of an emergency in
our good faith determination, before we make any change that will discontinue or
materially reduce the functionality of the Site, we shall provide you with 10 calendar
days notice by email at your last known email address.
Other We may assign this Agreement, in whole or in part, in our
sole discretion. You may not assign your rights under this Agreement without our
prior written permission. Any attempt by you to assign your rights under this Agreement
without our permission shall be void. The waiver by us of a breach of any provision
of this Agreement shall not operate or be construed as a waiver of any other or
a subsequent breach of the same or a different kind. If any provision of this Agreement
shall be held by a court of competent jurisdiction to be contrary to law, the remaining
provisions of this Agreement shall remain in full force and effect. This Agreement
is governed by the laws of the State of Maryland, without giving effect to any principles
of conflicts of law.
Copyrights; Limited License to Information. All words, pictures, graphs, charts
and other matters presented or made available on the Site are Copyright ©2007
- 2012 Lab Test Portal, LLC. (the “Information”). By accessing and/or
making use of the Site, You agree that We are not offering for sale or selling the
Information, but instead are granting You a limited, royalty free, non-exclusive,
revocable license to make use of the Information presented on this Site for Your
own personal purposes. Unless otherwise set forth in a separate written agreement
signed by Us, You agree that this license does not permit You to: (i) sell the Information
downloaded (or copied in another form) for money, barter, exchange or other consideration
(ii) republish the Information for any prohibited purpose, including commercial
gain; or (iii) reverse engineer, decompile, deconstruct or otherwise seek to discover
the method of operation of the Site. All rights not expressly granted are reserved.