HUDSONALPHA CLINICAL SERVICES LAB, LLC TERMS AND CONDITIONS OF USE

The HudsonAlpha Clinical Services Lab, LLC (“Lab,” “we,” “our,” and “us”) provides this website (“site”) and its content for general informational purposes. Please carefully read these Terms and Conditions relating to the use of our site.

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE CLINICALLAB.ORG WEBSITE AND ANY APPLICATION OR ONLINE SERVICES AVAILABLE ON CLINICALLAB.ORG, OTHER THAN ANY PHYSICIAN PORTAL THAT MAY BE ESTABLISHED (THE “SERVICES”). BY ACCESSING THE SERVICES, YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AS APPLICABLE, ACKNOWLEDGE THAT:

  1. YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS BELOW;
  2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW;
  3. THE TERMS AND CONDITIONS BELOW ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND LAB; AND
  4. IF ACCESSING THE SERVICES ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND THE ENTITY TO ALL OF THE TERMS AND CONDITIONS BELOW.

IF YOU DO NOT WISH TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE PRECEDING ACKNOWLEDGEMENT, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

Privacy

Lab is committed to protecting the privacy of all users of the Services. We have published a Privacy Policy which explains our online information practices and the choices you can make about the way your information is collected and used when using or accessing the Services. You may review the policy by clicking on the link at the footer of our site pages.

No Medical Advice

The information available through the Services is intended for educational purposes only by HudsonAlpha Clinical Services Lab. It is posted for informational and educational purposes only and is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Services. Nothing contained in the Services should be intended to be a medical diagnosis or treatment directive or recommendation. Lab does not recommend or endorse any specific physician, product, procedure, opinion, service, or other information that may be mentioned or linked to through the Services. Reliance on any information provided by Lab, employees of Lab, or other users of the Services is solely at your own risk

HudsonAlpha Clinical Services Laboratory Tests and Reports

Physician ordered tests and results are subject to the terms and provisions of the applicable Lab Test Requisition Form(s) and the provisions contained within the Methods and Limitations section of the Data Analysis Test Report delivered to the ordering physician.

Disclaimer of Warranty/Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE OPERATION OF THIS SITE AND THE INFORMATION AVAILABLE THEREON ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, LAB, ITS PARENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ACCESS TO THE SERVICES AND/OR YOUR USE THEREOF. LAB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ERRORS OR OMISSIONS IN ANY INFORMATION, AND/OR (VII) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

IN NO EVENT SHALL LAB, ITS PARENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to indemnify, defend, and hold Lab, its parent, directors, officers, employees, agents, contractors, successors, and assigns harmless from and against any and all claims, actions or demands, damages, losses, costs (including, without limitation, reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms & Conditions; or (ii) your activities with respect to the Services.

Inappropriate and Prohibited Conduct

In using the Services, you may not do the following or assist another in doing the following:

– Attempt to gain unauthorized access to any portion or feature of the Services;

– Probe, scan, or test the vulnerability of the Services or any network connected to the Services;

– Use any device, software, or routine to interfere with the proper working of the Services or with any other person’s use of the Services;

– Impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Lab on or through the Services;

– Use the Services to disclose or obtain another person’s personal information, or collect information about users of the Services;

– Use any automated system that access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

– Transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;

– Use the Services in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Lab or its parent;

– Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, gender identity, or any other statutorily protected status; or

– Violate any applicable laws or regulations or these Terms & Conditions.

User Submitted Information

Any personally identifiable information in electronic communications to this site is governed by Lab’s Privacy Policy. Lab shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services. You acknowledge that information sent by electronic communication may be intercepted by someone unknown to you because of the nature of electronic communication and you agree to accept this risk.

As a user of this site, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your state license number and your professional representation.

Use of Materials and Intellectual Property Rights

Except as otherwise provided, Lab owns all content contained in this site, including without limitation Lab logos, software, images, text, graphics, and arrangement. Content may contain other proprietary notices or describe products, services, processes, or technologies owned by Lab, its parent or third parties. By publishing this content, Lab is not granting any license under any trademark, patent, copyright, or other intellectual property right of Lab, its parent or any third party.

Links to Third Party Sites

The Services may contain links to websites operated by third parties, or to materials, information, or services made available by third parties. These links are provided only as a convenience to you. We do not review or control the content of third party sites and that content is not part of our site.  We expressly disclaim any responsibility for the contents of any such linked sites or the products or services of third parties.

Void Where Prohibited

The Services are intended to comply with the laws and regulations in the U.S. Although the information on this site is accessible to users outside of the U.S., the information on the site pertaining to Lab services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Lab reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this site is void where prohibited.

Governing Law and Venue

You agree that any dispute relating to these Terms and Conditions will be resolved according to the laws of the State of Alabama, without regard to conflict of law rules. Lab makes no representations that this site is available for use in other locations. By using this site, you agree that the courts of Madison County of the State of Alabama have exclusive jurisdiction over any legal proceedings arising out of or related to our Services. If you are accessing the Services from any location with regulations or laws governing personal data collection, use, or disclosure from any location with regulations or laws governing personal data collection, use, or disclosure that differ from United States laws or regulations, please note that you are transferring personal information to the United States and you consent to that transfer and to the collection and processing of such information in the United States.

Severability

If any part of the Terms & Conditions is determined by a court of competent jurisdiction not to be enforceable for any reason, this will not affect the validity of the other parts of the Terms & Conditions, which will continue to be in full force and effect.

Waiver

The failure of Lab to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Modification of Terms and Conditions of Use

The Lab may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions of Use to which you are bound.

Entire Agreement and Admissibility of Printed Version

These Terms and Conditions of Use represent the entire agreement between you and Lab relating to the subject matter herein and shall not be modified except by Lab as provided herein or through a written document signed by both parties. A printed version of this Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Updated February 2016