Provider Name: [PROVIDE_NAME]
Patient Name: [PATIENT_NAME]
SERVICE: [EXAM_NAMES] (“Service”)
This constitutes a valid and binding agreement among the parties (“Agreement”).
The Patient or his/her authorized representative used LabFinder.com or its mobile app to find and book the services he/she needs at an agreed upon price.
The Provider agrees to provide to the Patient the above Service for a total self pay payment price of: $[TOTAL_CHARGE]. The Provider accepts such price (the “Service Charge”) due it as payment in full.
Patient further agrees to pay LabFinder $[CONVENIENCE_CHARGE] for its technological facilitation herein (the “Convenience Charge”).
Patients are charged for full balance of the Service Charge and Convenience Charge, respectively, at the moment the Provider accepts their bid. (See Cancellation and Refund Policy below)
THE SERVICE MUST BE OBTAINED NO LATER THAN [APPOINTMENT_DATE_TIME] OR THIS AGREEMENT WILL EXPIRE AND THE ABOVE PRICE WILL NO LONGER BE APPLICABLE FOR RENDERING OF THE SERVICE. UPON EXPIRATION, A NEW PRICE LOCK-IN REQUEST MAY BE SUBMITTED VIA LabFinder.
Service Charge includes the total rate for the listed Service above and is inclusive of all costs incurred by the Provider in rendering such service. However, additional record copying charges by the Provider may further apply and be separately charged by Provider.
EACH OF PROVIDER AND PATIENT REPRESENT, WARRANT AND COVENANT THAT THEY WILL NOT SUBMIT ANY BILLS OR CLAIMS FOR PAYMENT OR REIMBURSEMENT TO ANY PRIVATE OR GOVERNMENTAL PAYOR OR CARRIER FOR THE SERVICE RENDERED HEREIN.
This arrangement is only for the above-named Patient for the stated Service with the above-named Provider.
If the actual service or product required to treat the patient is different from that listed above, then Provider must inform Patient what the new/additional service or product is and what the price will be before rendering testing or treatment.
If the Service is billed in several parts or from different sources, the total Service Charge will nevertheless add up to the agreed upon Service price above. Provider will hold Patient harmless from and against any attempt (successful or otherwise) by a third party source to collect any excess amounts resulting in additional payment obligations by the Patient beyond the total Service Charge pricing for the Service as set forth above (Note: This does not apply to amounts owed LabFinder by Patient hereunder).
Provider represents and warrants that it is fully qualified, credentialed, registered and otherwise licensed to render all Services agreed upon herein for the above Patient.
CANCELLATION AND REFUND POLICY:
All amounts agreed to paid hereunder are NON-REFUNDABLE.
FURTHER ACKNOWLEDGMENTS AND AGREEMENTS:
- “LABFINDER, LLC” (“LabFinder”; sometimes “we”, “our” or the like) is inclusive of LabFinder.com and all associated websites and mobile applications (apps).
- If Patient cancels or disputes a charge or payment except as otherwise permitted under this Agreement, each of LabFinder and Provider respectively shall be entitled to reimbursement from Patient and the undersigned (as a legal representative and signatory hereto if different than Patient) of all collection costs including attorneys’ fees associated with recovering payment owed hereunder.
- LabFinder is acting solely as an intermediary facilitating the scheduling of services provided by third party providers, through technological means.
- LabFinder has no responsibility whatsoever for any claims against or adverse effect on the Provider or its professionals under this self pay arrangement. This includes, without limitation, if the Provider or its professionals are in-network with the particular insurance or other payor program or plan (including private and governmental) with which the Patient participates as a beneficiary. Similarly, we have no responsibility to the Patient if there is an alternative provider whose qualifications or specialties or participation match those required to treat the individual Patient on an in-network and otherwise participating provider basis.
- LabFinder makes no assurance at all as to whether or not the agreed upon pricing for the Service is the best possible price or is competitive or fair at the time of the rendering of the Service, and the Patient is advised that he/she may possibly pay less (taking into account any co-payment and deductible, or co-insurance obligation, as applicable) if he/she sought such service through his/her own insurance coverage or other payor program or plan (including governmental).
- LabFinder will not be performing any claims adjustment services or auditing the performance of Services. LabFinder will not be pursuing any collection against the Patient on behalf of Provider. Payments are due in advance through mechanisms arranged for by LabFinder. LabFinder will not be handling any disputes between the Patient and the Provider, whether regarding payment, the provision of the Service or otherwise. The Patient and Provider are solely responsible for ensuring/seeking/settling as between themselves any issues and disputes including those relating to the provision of a Service and quality of care. BOTH OF SUCH PARTIES AGREE TO COMPLY WITH THE ABOVE CANCELLATION AND REFUND POLICIES.
- Each of Patient and Provider hereby expressly acknowledge and agree that we are: (i) a technology development and platform company; (ii) not an insurance company, benefit plan or third party administrator and are not determining any patient’s eligibility to receive benefits under any third party payor program or plan (private or governmental); and (iii) for purposes of the Employee Retirement Income Security Act of 1974 ("ERISA") or any equivalent or similar other state or federal laws/regulations that may be applicable, we shall not be deemed the "administrator" or "named fiduciary" of any benefit program or plan.
- Patients shall look solely to Provider for refunds owed of all or any portion of the Service Charge in all instances and circumstances, but subject to the terms hereof. Patients shall look solely to LabFinder for refunds owed of all or any portion of the Convenience Charge in all instances and circumstances, but subject to the terms hereof.
- LabFinder HAS NO LIABILITY WHATSOVER FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO ANY FAULT, ACT OF NEGLIGENCE, OMISSION OR DEFAULT OF THE CONTRACTING PROVIDER OR PATIENT. IN NO EVENT SHALL LabFinder BE LIABLE TO EITHER PATIENT OR PROVIDER FOR LOSS OF GOODWILL, OR FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRICING AGREED UPON AND THE SERVICES SOUGHT OR RENDERED, REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT OR IN CONTRACT.
- We may assign this Agreement to any successor to our business or assets to which this Agreement relates.
- We are deemed a party to this Agreement for purposes of enforcing our rights, the agreements and protections favoring us herein. If an applicable jurisdiction determines we are not a direct party, then we shall instead be deemed a third party beneficiary of this Agreement for the same purposes.
- Each party represents and warrants that it is duly authorized and has full power, capacity and authority to accept this Agreement on behalf of such party, including the above named Patient or Provider. If the person agreeing hereto is the legal representative of the Patient, such legal representative represents and warrants to the parties hereto that he/she/it is fully authorized to enter into this Agreement on behalf of the Patient and such legal representative hereby further becomes a party hereto and fully bound hereby as if the Patient party.
- By clicking below, entering into this agreement and otherwise using the LabFinder website/app, each of Patient and Provider accept these terms and conditions as a fully enforceable agreement.
MEDICARE-RELATED MATTERS: Beneficiary or his/her legal representative agrees to, understands and expressly acknowledges the following:
___ Beneficiary or his/her legal representative accepts full responsibility for payment of the Provider’s charge for all Services furnished, as well as any charges for cancellation as set forth herein.
___ Beneficiary or his/her legal representative understands that Medicare limits may or do not apply to what is charged hereunder.
___ Beneficiary or his/her legal representative agrees not to submit a claim to Medicare or to ask the Provider or any third party to submit a claim to Medicare.
___ Beneficiary or his/her legal representative understands that Medicare payment and reimbursement will not be made for any items or services furnished hereunder even if they would have otherwise been covered by Medicare if there was no private pay contract and a proper Medicare claim had been submitted.
___ Beneficiary or his/her legal representative enters into this contract with the knowledge that he/she has the right to obtain Medicare-covered items and services from physicians and practitioners, and the beneficiary is not compelled to enter into private contracts.
___ Beneficiary or his/her legal representative understands that Medi-Gap plans do not, and that other supplemental plans may not make payments for items and services not actually paid for by Medicare. Beneficiary or his/her legal representative agrees never to submit such claims or request or cause any third party to do so.
___ Beneficiary or his/her legal representative acknowledges that the beneficiary is not currently in an emergency or urgent health care situation.
___ Beneficiary or his/her legal representative acknowledges that a copy of this contract has been made available to him/her.
By your acceptance below, you acknowledge that you have read and understand this notice.
Created on Date Time : [DATE_TIMESTAMP]
Welcome to LabFinder.com’s technological functionality for the MinuteMed service, conducted by Physician On Call, P.C.
THE MINUTEMED SERVICE IS CONDUCTED BY THIRD PARTY PROFESSIONALS WHO UTILIZE OUR TECHNOLOGY TO COMMUNICATE WITH YOU.
Payment is owed to Physician on Call, P.C. for the review of whether you qualify for an order. Orders expire after 90 days. Payment is non-refundable regardless of whether (i) you actually get the text/exam done and (ii) you permit a practitioner to speak with you about your results after the test/exam. YOU AGREE TO LOOK SOLELY TO PHYSICIAN ON CALL, P.C. and NOT to LabFinder, LLC for any disputes regarding such payment and services. LABFINDER, LLC is not responsible to the telehealth services rendered by such third party. We are purely a technological platform facilitating the communications.
II. The App
The “App” means the LabFinder website and associated mobile application for the MINUTEMED service (the “App”).
Independent Practitioners. LabFinder is NOT a healthcare provider. All of the treating healthcare practitioners who license our technology to connect directly with you are independent professionals solely responsible for the services each provides to you. LabFinder does not practice medicine, nursing or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by providers licensing our technology, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither LabFinder nor any third parties who promote the App or provide you with a link or access to the App shall be liable for any professional advice you obtain from a treating practitioner.
No Guaranty of Availability or Service. We are not responsible or liable for any failure, unavailability or inability of a licensee healthcare provider to be able to directly schedule with you via the App, which may because of the unavailability of a practitioner licensee in your geographic area or because of the time frame for or type of requested service. The licensed practitioners operate independently and reserve the sole right to refuse or decline to provide their services to any particular user.
Agreement with Practitioners. Users may be required to agree to additional agreements and complete forms provided by practitioners before they provide services to the users. We will integrate such third party practitioner agreements/forms with our App at our discretion, but are not responsible for the content thereof.
Terminating a Scheduled Consultation. Users and practitioners are in complete control over whether a service is completed. A user may refuse to receive services from a practitioner and a practitioner may refuse to provide services to a user, even after agreeing to perform the service via the App, in either of their sole judgments. Any payment to us, however, is non-refundable. The App is not intended to be used for any illegal purposes and LabFinder will cooperate fully with any law enforcement investigation. Practitioners may also choose not to perform a service when a user is unwilling to sign any necessary agreements.
LabFinder Does Not Itself Provide Medical or Clinical Advice. LabFinder and the App do not give medical or clinical advice. LabFinder is not a healthcare practitioner and is not a medical or nursing organization, hospital, healthcare provider, or employer or contracting provider of medical or clinical professionals or services. The App may provide helpful information and functionality to assist you in clinical decision-making or to find and connect with a practitioner App technology licensee. You assume full risk and responsibility for the use of information you obtain from or through the App by the licensed healthcare professionals utilizing the technology to communicate with you. Practitioners, and not LabFinder, will be solely responsible for the services they independently provide either themselves or through their own owners, employees and/or agents. In addition, we do not recommend or endorse the credentials, quality or qualifications of any practitioners or health-related products, items, or services. LabFinder is not responsible or liable for any referral or recommendation of a third party, product or supply made by a practitioner.
No Patient Relationship. Your use of the App does not create a patient relationship with LabFinder. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Telemedicine consults by third party practitioner licensees of our App are not a substitute for in-person examination by a qualified healthcare professional.
Never disregard professional advice or delay in seeking it because of information you read on the App.
Medical Emergency. If you think you may have a medical emergency, call your doctor or 911 immediately. The App is not intended for emergency situations.
Practitioner Screening. We take steps to learn about individuals who apply to license and use the App as a practitioner. We may accept or deny such individuals from using the App as a practitioner, in our sole judgment. We are not responsible or liable for the conduct of any users of the App, including any services provided by practitioners. Email us at email@example.com to notify of us of inappropriate or illegal conduct or content you encounter on the App.
1. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP OR OF PRACTITIONERS, OR OF PRACTITIONER’S QUALIFICATIONS OR BACKGROUND.
2. When using the App, you agree you will not cause nuisance, annoyance, inconvenience, or offense to anyone.
3. In certain instances, we may require you to provide proof of identity to access or use the App, and you may be denied access or use of the App if you refuse to provide proof of identity.
III. Purchases and Subscriptions
Fees. The App will provide mechanisms for direct payment to practitioners and, as applicable, to us. You authorize LabFinder to initiate payment with our payment processors.
No Refund Policy. All payments to us and to practitioners are final. LabFinder and practitioners will not be required to refund any such fees. You may contact us at firstname.lastname@example.org with respect to any dispute of our own charges.
Third-Party Payment Processors. LabFinder uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit card payment methods. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain fees at our sole discretion. LabFinder disclaims all liability with regards to any fees or problems you have with third-party payment processors including, without limitation, online merchant services.
Availability of Certain Forms of Payment. LabFinder makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the App.
Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and charges resulting from a transaction occurring via the App. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges.
Third Party Fees. All third party fees (such as data usage fees charged by your internet or mobile provider) and compliance with any applicable third party terms (such as your internet App provider’s terms of services) are your sole responsibility.
U.S. Dollars. All transactions through the App are in U.S. dollars.
No part of the App is directed to persons under the age of 18 unless you are an emancipated minor in the state in which you reside. IF YOU ARE UNDER 18 YEARS OF AGE and not emancipated, PLEASE DO NOT USE OR ACCESS THE APP AT ANY TIME OR IN ANY MANNER.
V. Your Account
4. You represent and warrant that the information you provide to LabFinder and practitioners upon registering with and usage of the App and at all other times will be true, accurate, current, and complete.
5. Your Log-In Credentials. To use the App, you may have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the App and to preserve the confidentiality of your username and password, and safeguard any device that you use to access the App. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF YOUR LOG-IN CREDENTIALS OR ACCOUNT.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify LabFinder by e-mail to email@example.com. You will be solely responsible for the losses incurred by LabFinder and others due to any unauthorized use or access of your account.
You agree to receive email, telephone calls, text messages, and push notifications from us at the contact information you provided to us and using the App on your computer and as installed on your mobile device for App-related purposes (e.g., without limitation, notifying you about services, information on new products or features). If you call us by telephone, we may record the telephone call for quality and training purposes.
Text Messages. By providing us with your mobile telephone number, you consent to receive text messages at that number as requested for account verification and other administrative purposes. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices. By using the App or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the App or sending an email or text to you. You may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at 969 Third Avenue Suite 2, 3rd Floor, New York, NY 10022.
VII. LabFinder’s Content Ownership and Use
The contents of the App include: designs, text, graphics, images, video, information, logos, button icons, software, programming, source/computer code, templates, layouts, audio files, and other LabFinder content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, “LabFinder Content”). All LabFinder Content and the compilation (meaning the collection, arrangement, layout and assembly) of all LabFinder Content are the property of LabFinder or its licensors and are protected under copyright, trademark, and other laws.
LabFinder Marks. “LabFinder,” the LabFinder logo, and other LabFinder logos and product and App names and tag lines are or may be trademarks of LabFinder (the “LabFinder Marks”). Without our prior written permission, and except as solely enabled by any link or code as provided by us, you agree not to display, publish or use the LabFinder Marks in any manner.
VIII. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the App. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
1. own, exclusively, all now known or later discovered rights arising or derived from the creative ideas;
2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation or other consideration to you or participation by you or any other person or entity.
We may own and exploit same in any manner, and you waive all rights therein.
IX. Disclaimers, Limitations, and Prohibitions
You agree to use the App only for its intended purpose and in an authorized manner. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws and regulations. Without limitation, the following uses of the App are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, decompile, disable, steal from, or gain unauthorized access to the App, user accounts, or the technology and equipment supporting the App;
2. frame or link to the App without permission;
3. use data mining, robots, or other data gathering devices on or through the App;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. pose as a licensed practitioner while using the App when you are not a licensed practitioner;
6. disclose personal information about another person without his/her consent;
7. harass or abuse others, or post objectionable material;
8. sell, transfer, sublicense, or assign any of your rights to use the App to a third party without our express written consent;
10. use or access the App if you are (or are employed or engaged by) a competitor of LabFinder, except with our prior written consent, which we may withhold in our sole discretion and without explanation;
11. use or access the App for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
12. use the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, and other liability to LabFinder or others; or
13. access the App from a jurisdiction where it is illegal or unauthorized.
If you wish total anonymity for a specific test or condition, you may use an alias so that your information is kept separate and apart from any other identifying information that we may have under your true name in our system.
XI. LabFinder Not Liable
Changes to the App. We may change, suspend, or discontinue any aspect of the App at any time, including hours of operation or availability of the App or any feature, without notice or liability.
User Disputes with Practitioners. We are not responsible for any disputes or disagreements between you and any third party you interact with using the App, including practitioners providing consultation and services hereunder. LabFinder will not be performing any claims adjustment services, auditing the performance of healthcare services (or the appropriateness or correctness of any charges from healthcare providers/suppliers if ever applicable), or handling any disputes among such providers/suppliers and users. You assume all risk associated with dealing with such practitioners and other third parties. You agree to resolve disputes directly with the other party. You waive and release LabFinder from all claims, demands, and damages in disputes among users of the App and with such practitioners. You also agree not to involve us in such disputes. All fees for our own technological facilitation, software and other services are NON-REFUNDABLE. Use caution and common sense when using the App.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content of the App. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third party or the quality or nature of third party products or services obtained through the App. We further make no representations or warranties about maintaining the integrity of data, content and information you post via the App. Use the App at your own risk.
Third-Party Websites and Applications. The App may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, services or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The App may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
A. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE APP AND ANY SERVICES OR PRODUCTS OR OTHER ITEMS AND INFORMATION MADE AVAILABLE ON OR THROUGH THE APP INCLUDING HEALTHCARE SERVICES AND SUPPLIES IS AT YOUR SOLE RISK, AND THE APP AND ANY SUCH SERVICES, PRODUCTS, ITEMS AND INFORMATION AVAILABLE ON OR THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, SERVICES, INFORMATION OR ITEMS OFFERED BY THE RELEASED PARTIES OR THIRD PARTIES ON OR THROUGH THE APP, IMPLIED OR EXPRESS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE APP OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS MADE AVAILABLE ON OR THROUGH THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR WILL HAVE ANY SPECIFIC RESULTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (INCLUDING AS TO ANY RISK OF CORRUPTION OR DELETION OF ANY DATA OR INFORMATION YOU PROVIDE USING THE APP), (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE APP OR DATA/INFORMATION (INCLUDING THAT PROVIDED BY YOU) WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Released Parties Defined. “Released Parties” include LabFinder and its affiliates (including, without limitation, parents and subsidiaries) and their respective owners, officers, directors, managers, employees, agents, partners, licensors, licensees and successors.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR APP OR ANY HEALTHCARE PRACTITIONER, AND THE RELEASED PARTIES ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY, DEATH OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APP. BY USING THE APP YOU THEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY RELATED TO ANY USE OF OUR APP OR THE CONDUCT, MALPRACTICE OR MISCONDUCT OF A USER OR PRACTITIONER.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE APP OR YOUR USE OF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP AND COMMUNICATIONS THROUGH OR VIA THE APP, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS APP OR PERSONS YOU MEET THROUGH THE APP INCLUDING PRACTITIONERS. YOU ASSUME SOLE RISK OF SAME. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APP. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND PRACTITIONERS AND IN CONNECTION WITH USING THE APP, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH PRACTITIONER SERVICES AND CONDUCT. YOU WILL NOT HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES, PRODUCTS, INFORMATION OR OTHER ITEMS DELIVERED WHICH ORIGINATED THROUGH OR VIA THE APP AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES THAT ARISE OR ARE RELATED IN ANY WAY TO THE APP, THE INFORMATION PROVIDED THROUGH THE APP AND THE ITEMS/SERVICES/CONTENT/FUNCTIONALITY PROVIDED BY OR TO ANY USER OF THE APP.
LABFINDER DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY PRACTITIONERS.
XII. General Terms
XIII. Dispute Resolution
Mandatory arbitration. Please read this carefully. It affects user’s rights. You and LabFinder and each of our legal representatives, heirs, estates, successors, and permitted assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief sought by us.
Commencing arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to LabFinder should be addressed to Robert Segal M.D. with a copy to 969 Third Avenue Suite 2, 3rd Floor, New York, NY 10022, Attn: Chief Executive Officer. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or LabFinder may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the “rules”), as modified by this agreement. The rules and AAA forms are available at www.adr.org.
Arbitration proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in New York County, New York will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No class actions. User may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at LabFinder’ option.
Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which LabFinder seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond, and notwithstanding anything herein to the contrary whatsoever, LabFinder may seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired.
Claims. Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
Improperly filed claims. All claims user brings against LabFinder must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should user file a claim contrary to this section, LabFinder may recover attorneys’ fees and costs up to $5,000, provided that LabFinder has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.
Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at LabFinder’ sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of New York County in the State of New York will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by LabFinder. Any other provisions of this agreement which are invalid in their entirety are severable.
XIV. Governing Law; Choice of Forum.
This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to LabFinder information, services and products or other products is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. LabFinder makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. LabFinder reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.
Effective Date: Wednesday, Jan 2nd, 2019
Last Updated Date: Wednesday, Jan 2nd, 2019