By booking, I hereby attest and agree that:
- ✓ the order is being placed by a physician or other provider authorized under applicable laws and regulations to order this genetic test(s); and
- ✓ the information submitted by the ordering provider is true and correct; and
- ✓ LabFinder is not responsible for the information provided by me or the ordering provider about the consumer to Color Genomics, Inc.
Notice to Providers and Consumers
Provider Name: [PROVIDE_NAME]
Patient Name: [PATIENT_NAME]
SERVICE: [EXAM_NAMES] (“Service”)
This is an agreement between our users and us (i.e., a legally binding contract). It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the App means you accept any changes.
Color Informed Consent. I have reviewed and agreed to Color Genomics, Inc.’s (Color) Informed Consent. This is the document shown prior to this, and also viewable at (www.color.com/informed-consent).
Purchasers must provide testing samples to Color (using a Collection Kit) and information required by Color within thirty-six (36) hours after collection. In the event that Color does not receive all required information associated with a particular sample within such time period, Color reserves the right, at its sole discretion, to deny services and tests associated with samples.
Color will not be obligated to provide Collection Kits until Color has received full payment.
PAYMENT IS FINAL. NO REFUNDS ARE AVAILABLE. Users are required to pay fees as then-required by the App.
Fees. The App will provide mechanisms for direct payment to Color, which may be
represented by a single inclusive charge or be reflected as separate charges on your credit card statement. You authorize LabFinder to initiate payment with our payment processors.
Payments may be in two (2) parts: (i) Color’s price for your Test (Service Charge), and (ii) our fee for your use of this App (Convenience Charge).
We make no assurance as to whether or not the agreed upon pricing for the Test (including as combined with our own charge to you) is the best possible price or is competitive or fair at the time of the booking of or rendering of the Test.
You are charged for the full balance of the Service Charge and Convenience Charge, respectively, at the moment you book your Test.
Company’s end user purchasers shall be solely responsible for all costs and expenses (including all costs of Third Party Collection Kits, related collection materials, preparation, and overhead or administrative fees), distribution logistics, administration and management associated with the proper collection, handling, and shipment of such blood Samples to Color, and Company shall advise its end users regarding the same as part of
the Billing and Intake Procedure.
LabFinder is acting solely as an intermediary facilitating the scheduling of services provided by third party providers, including Color, through technological means. We do not send Test kits to you. They are sent by Color to you or your ordering practitioner.
You further agree to pay us for our technological facilitation using the App as then applicable (the “Convenience Charge”).
YOU ASSUME THE SOLE RISK THAT THE PRICING CHARGED HEREUNDER BY COLOR OR US IS NOT THE BEST THEN-CURRENT RATE FOR THE TEST.
LabFinder will not be performing any claims adjustment services or auditing the performance of Tests. LabFinder will not be handling any disputes between you and Color, whether regarding payment, the provision of the Test or otherwise. You and Color are solely responsible for ensuring/seeking/settling as between yourselves any issues and disputes including those relating to the provision of a Color Test. Consumers shall look solely to Color for alleged refunds owed of all or any portion of the Service Charge in all instances and circumstances, but subject to the terms hereof.
You 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 consumer’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.
We use third-party payment processors.
Third-Party Payment Processors. LabFinder uses third-party payment processors for electronic commerce. All transactions are in U.S. dollars. 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. LabFinder disclaims all liability with regards to any fees or problems you have with third-party payment processors including, without limitation, online merchant services.
III. Color Account
I, as the consumer, or as parent or legal guardian of the consumer if under 18 years old, hereby consent to receive communications from Color about the consumer’s genetic test.
- Limitation of Liability; Assumption of Risk
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 COLOR OR CONSUMER, OR AS RELATING TO THE INFORMATION
AND RESULTS DERIVED FROM THE COLOR TEST. IN NO EVENT SHALL LABFINDER BE LIABLE TO CONSUMER 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 TESTING AND SERVICES SOUGHT OR RENDERED OR INFORMATION REPORTED IN TEST RESULTS, REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT OR IN CONTRACT.
As with any such genetic screening test, errors are possible and success is not guaranteed. Test results must be considered in the context of broader medical management by a medical professional, and a consumer should not make medical
decisions without consulting a medical professional. As with any genetic test, there is no guarantee of accuracy and false negative and false positive results are possible.
CONSUMERS ASSUME THE SOLE RISK OF SUCH GENETIC TESTING INFORMATION. Company will promote to end users as to how to strictly comply with Color’s SOPs
(Standard Operating Procedures) for collection and shipment of Samples.
* * *
Effective Date: 07/25/2018
Last Updated Date: 07/25/2018