The Lab Access (the “Site”), is designed to provide clinical laboratory and diagnostic testing ordering services as well as health education and business solutions services (the “Services”).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES. NOTWITHSTANDING THE FOREGOING, IF YOU USE THIS SITE OR SERVICES, YOU SHALL BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT.
The Lab Access is a service that provides an online platform enabling the ordering and fulfillment of clinical, diagnostic laboratory testing (each a “Test,” and collectively “Tests”). The Tests are ordered through The Lab Access by The Lab Access’s Clients. This Site and the The Lab Access’ Services do not, and are not intended to, constitute the provision or practice of Medicine in any Jurisdiction. The Lab Access is not responsible for the performance or undertaking of any Test, nor does it have control over the quality, timing, failure to perform, legality, or any other aspect whatsoever of anyone or any entity performing a Test. The Lab Access makes no representations about the reliability, timeliness, or accuracy of any Test provided by any third-party performing laboratory or affiliate, whether in public, private, or offline interactions.
The Lab Access is not responsible for the medical care provided to any patient. It is the responsibility of the Client to obtain the proper patient authorization.
The Lab Access does not provide any diagnosis or treatment, and it is the Client’s responsibility to attend to any abnormal value results. In the event of “critical” lab results, as defined by the performing laboratory, The Lab Access will notify the Client as soon as it is aware of such result. No further action will be taken.
The Lab Access reserves the right to change the pricing and/or availability of any product or service identified on the Site at any time.
The Lab Access may at its sole discretion change, add, or delete portions of this Agreement at any time on a going-forward basis. It is the Client’s responsibility to check this Agreement for changes prior to use of the Site or Services, and in any event Your continued use of the Site or Services following the posting of changes to this Agreement constitutes Your acceptance of any changes. The Lab Access will notify You of any such material changes by posting notice of the changes on the Site, and/or, in its sole discretion, by email. Certain services available through the Site may have their own terms and conditions that apply to Your use of those services. This Agreement does not alter in any way the terms or conditions of any of those other written or online terms and conditions or agreements You may have or will have with any subsidiary, affiliate, or partner of The Lab Access. To the extent that there is any conflict between this Agreement and any other agreement pertaining to specific services or products provided by The Lab Access or its subsidiaries (a “Separate Agreement”), the terms of the Separate Agreement will govern.
You promise that all information you provide to The Lab Access is true, accurate, current, and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current and complete. If The Lab Access has reasonable grounds to suspect that such information is not true, accurate, current or complete, The Lab Access may deny or terminate Your access to the Site or Services (or any portion thereof).
Certain Services are only available to Clients who are required to set up an account prior to accessing such Services (“Account”). Clients who set up an account are hereinafter referred to as “Registered Clients”. When You set up an Account, You are required to enter Your name, email address, telephone number, and certain other information collected by The Lab Access. You may not transfer or share Your Password or Account (collectively, the “Account Information”) with anyone.
You are solely responsible for maintaining the confidentiality of Your Account Information, and You are fully responsible for all activities that occur under Your Password and/or Account. You agree to immediately notify The Lab Access of any unauthorized use of Your Account Information or any other breach of security. You are solely responsible for the usage of Your Account.
Without limiting any rights, which The Lab Access may otherwise have, The Lab Access reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and Your Account, including without limitation the termination of Your Account, changing Your Password, or requesting additional information to authorize transactions on Your Account.
Notwithstanding the above, The Lab Access may rely on the authority of anyone accessing Your Account or using Your Password and in no event and under no circumstances shall The Lab Access be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of The Lab Access under this provision, (ii) any compromise of the confidentiality of Your Account or Password, and (iii) any unauthorized access of Your Account or use of Your Password. You may not use anyone else’s Account at any time.
The Lab Access hereby grants to You a limited, non-exclusive, nontransferable access right to access the Site and use the Services solely for Your use and only as permitted under this Agreement and any Separate Agreements You may have entered into with The Lab Access (“Access Rights”).
You agree that You will not and will not attempt to: (a) interfere in any manner with the operation of the Services or Site, or the hardware and network used to operate the Services or Site; (b) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of the rights granted to You under this Agreement or otherwise use the Services or Site for the benefit of a third party or to operate a service bureau; (c) modify, copy or make derivative works based on any part of the Services, the Site or any underlying software, technology or other information, including any printed materials of the same; (d) create Internet “links” to or from the Services or Site, or “frame” or “mirror” any of The Lab Access’s content which forms part of the Services or Site; or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.
Any use of third-party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this Agreement. You agree to be responsible for any act or omission of any users that access the Site or Services under Your Account or using Your Password that, if undertaken by You, would be a violation of this Agreement, and that such act or omission shall be deemed a violation of this Agreement by You. The Lab Access reserves the right, in its sole discretion, to deny use of the Site or Services to anyone for any reason.
You agree not to use the Site or Services to: (a) violate any local, state, national or international law;
(b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or (e) interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You. You may not reverse engineer, disassemble, decompile, or translate any components of the Site or Services, attempt to derive the source code of any components of the Site or Services, or authorize or assist any third party to do any of the foregoing. Without the written consent of The Lab Access, You may not (i) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Use of the Site requires that You comply with certain acceptable use policies The Lab Access may establish from time-to-time. As part of Your responsibilities as a Visitor or a Registered Client of the Site, You agree that You will not: (a) use the Site or any Service in a manner that is unlawful, harmful to minors, threatening, unethical, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; (b) infringe someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; (c) use the Site or any Service for unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, letters relating to a pyramid scheme or any other unsolicited commercial or non-commercial communication; (d) interfere with others using the Site; (e) use the Site in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment; (f) disrupt, interfere or inhibit any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services; (g) use any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site and/or Services; (h) create a false identity for the purpose of misleading others; (i) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (j) attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the Services and/or the Site; (k) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Site or access to the Site; or (l) systematically collect or use any content from the Site or Service, including through the use of any data mining, or similar data gathering and extraction methods.
The Lab Access may change the Agreement from time to time. If You object to any such changes, Your sole recourse will be to cease using the Site and/or Services. Continued use of the Site and/or Services following notice of any such changes will indicate Your acknowledgement of such changes and agreement to be bound by the revised Agreement, inclusive of such changes. Such notice may be comprised of an email to Your registered email address, or a notice posted at the Site.
The Lab Access reserves the right to modify or discontinue the Site or Services with or without notice to You. The Lab Access will not be liable to You, or any third party should The Lab Access exercise its right to modify or discontinue the Site or Services. If You object to any such changes, Your sole recourse will be to cease using the Site or Services. Continued use of the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
The Lab Access does not warrant that any information, pictures or graphic depictions, descriptions or other content of the Site are accurate, complete, reliable, updated, current, or error-free. You agree to notify The Lab Access immediately if You become aware of any errors or inconsistencies in the information or content provided through the Site and comply with any corrective action taken by The Lab Access.
Parties other than The Lab Access may offer and provide products and services on or through the Site. With the exception of The Lab Access-branded content, products and services, The Lab Access does not warrant the offerings of any of these businesses or individuals or the content of their websites. The Lab Access does not assume any responsibility or liability for the actions, product(s), and content of these and any other third parties. You should carefully review the privacy statements and other conditions of use of these third parties.
The Lab Access’s provision of a link to any other website or location is for Your convenience and does not represent an endorsement of such other site or location or its contents. The Lab Access has no control over, does not review, and cannot be responsible for, these outside websites or their content. Access any NON-THE LAB ACCESS OWNED websites linked to the Site at Your own risk. When leaving the Site, You should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website. THE LAB ACCESS WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY WEBSITE NOT OWNED AND OPERATED BY THE LAB ACCESS, THE INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR WILL THE LAB ACCESS BE LIABLE FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
The software, code, proprietary methods and systems used to provide the Site or Services (“the “Technology”) and the content of the Site and Services (the “Content”) are (1) copyrighted by The Lab Access and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by The Lab Access or its licensors. Neither The Lab Access’s Content nor its Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without The Lab Access’s prior written permission and the prior written permission of its applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of The Lab Access’s Content or its Technology and You may not remove or alter any such notice, information or restriction. Your use of The Lab Access’s Content and Technology must at all times comply with these System Rules and any additional restrictions in any Separate Agreement You may have entered into with The Lab Access. Nothing in this Agreement grants You any right to receive delivery of a copy of The Lab Access’s Technology or to obtain access to its Technology except as generally and ordinarily permitted through the Site according to this Agreement.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE LAB ACCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. THE LAB ACCESS MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE LAB ACCESS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LAB ACCESS OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE LAB ACCESS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF THE LAB ACCESS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that The Lab Access may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of The Lab Access’s liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless The Lab Access, its parents, subsidiaries, affiliates, licensors, co-branders, suppliers and, and the officers, directors, employees, consultants, and agents of each, and other Registered Client and Visitors, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) User Content and any information You submit, post or transmit through the Site or Services, (2) Your use of the Site or Services, (3) Your violation of these System Rules, (4) Your violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Services.
Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, tradenames, service marks or logos (“Marks”) of The Lab Access or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You and The Lab Access agree that each may bring claims against the other only in Your or its individual capacity and not as a Plaintiff or Class Member in any purported class or representative action. Unless both You and The Lab Access agree no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Although the Site may be accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations and states within the United States, or appropriate or available for use outside the United States. The Lab Access reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. Clients and Visitors access the Site and utilize the Services on their own initiative and are responsible for compliance with any local, state, federal, and international laws, as applicable.
The terms of Sections 6 through 19, and any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of the Agreement pursuant to this Agreement for any reason. The Lab Access’s (and its licensors’) proprietary rights (including any and all intellectual property rights) in and to its Content, its Technology and the Site or Services will survive the expiration or earlier termination of the Agreement pursuant to this Agreement for any reason.
Please report any violations of these Terms of Service to:
The Lab Access, email: Info@thelabaccess.com.