Labfinder

MinuteMed

Consumer Terms

Last updated February 4th, 2025

1. Incorporation. These terms and conditions governing the MinuteMed program are incorporated into and deemed a part of the Terms you agree to when using the website and associated mobile app. You agree to these terms each time you use the MinuteMed service. References to “we”, “us” or the like herein refer to LabFinder as defined in such terms.
2. Emergency. Do NOT use MinuteMed for emergencies. CALL 911 OR VISIT A HOSPITAL OR YOUR HEALTHCARE PROVIDER IN PERSON.
3. Symptom Choices. When being evaluated for an order or script for a test, users may be given options to pick among relevant symptoms. MinuteMed relies on the accuracy of your symptom screening questions, and you represent and warrant that you are being truthful and accurate. IF A SYMPTOM(S) IS NOT A CHOICE IN THE MINUTEMED QUESTIONNAIRE, USERS SHOULD NOT USE LABFINDER OR MINUTEMED TO ORDER OR SCHEDULE A TEST. SYMPTOMS NOT LISTED SHOULD BE ADDRESSED IN-PERSON WITH A LICENSED HEALTHCARE PROFESSIONAL.

Third Party Healthcare Providers are NOT employed or engaged by LabFinder. THE MINUTEMED SERVICE IS CONDUCTED BY THIRD PARTY PROFESSIONALS WHO UTILIZE OUR TECHNOLOGY TO COMMUNICATE WITH YOU. We are not responsible for the telehealth services rendered by such third parties. We are purely a technological platform facilitating the communication.

Doctor Oversight. The nature of MinuteMed’s doctor oversight is subject to change prior to booking a given service, which may include, for example, evaluation of need (through a questionnaire or other communication methodology), orders or scripts (which may or may not be required by the clinical laboratory or radiology provider, health care payors and/or the government under the circumstances), messaging after receipt of results and other forms of communication as then-available. The term “doctor” refers to third party healthcare professionals authorized by law to provide such oversight and orders/scripts, and may include physicians, nurse practitioners and/or physician assistants. Note that payment is due even if you do not utilize all oversight services available and even if an order or script is not actually required. Note that information provided by MinuteMed overseeing doctors regarding your result is not a substitute for consultation with your licensed healthcare provider, but rather, is intended primarily to tell you what the test result could mean or could indicate. Consult your primary care provider, specialist or other licensed health care professional in-person or through other appropriate means after receiving the result.

1. Pricing; NO Refunds. ALL PRICING AND TERMS STATED AT THE TIME OF PAYMENT OR PROVISION OF CREDIT CARD INFORMATION ARE BINDING AND ENFORCEABLE. Payments are FINAL. No refunds are available from us. YOU AGREE TO LOOK SOLELY TO THE THIRD PARTY HEALTHCARE PROVIDER and NOT to LabFinder for any disputes regarding such oversight services and payment. You can contact us at customersupport@labfinder.com if you have any issues to report.

NO GUARANTY OF COVERAGE, PAYMENT OR REIMBURSEMENT BY THIRD PARTY PRIVATE OR GOVERNMENTAL PAYORS. We do not provide any representations, warranties, promises, assurances or guaranty as to whether any testing or services are covered or reimbursable by any health insurer, governmental benefit program, plan or other payor. MANY OF THE TESTS ARE FOR SCREENING PURPOSES ONLY AND ARE NOT SUBJECT TO COVERAGE OR REIMBURSEMENT.

Disclaimer of Warranties; Limitation of Liability. YOUR USE OF THE MINUTEMED SERVICE IS AT YOUR OWN AND SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU USE OUR TECHNOLOGICAL PLATFORM TO VIEW ANY TEST/IMAGING RESULTS AND MESSAGING. We make no representations, warranties, assurances or guarantees governing the adequacy or quality of the oversight or the results of such oversight. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR PROFESSIONAL SERVICES, ADVICE AND OUTCOMES RESULTING FROM YOUR CONSULTATION WITH THIRD PARTY HEALTHCARE PRACTITIONERS THROUGH OUR PLATFORM, EVEN IF RESULTING IN INJURY, DEATH OR OTHER DAMAGE. You agree to look solely to such third party healthcare providers (and not to us) concerning any dispute regarding the nature, content, quality or performance of such third party services.

LabFinder Privacy Policy

Last updated February 4th, 2025

BY USING OUR LF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY. THIS PRIVACY POLICY IS INCORPORATED INTO AND FORMS PART OF OUR TERMS OF USE. WE WILL PROCESS YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY BASED ON LEGITIMATE INTERESTS, CONTRACTUAL NECESSITY, LEGAL OBLIGATIONS, AND/OR YOUR EXPLICIT CONSENT WHERE REQUIRED. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT USE THE LF SERVICE. IF YOU USE THE LF SERVICE ON BEHALF OF SOMEONE ELSE OR AN ENTITY (SUCH AS YOUR COMPANY OR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF. MINORS SHOULD NOT USE THE LF SERVICE.

What does the Privacy Policy cover?

As used in this Privacy Policy, LabFinder has the same meaning as set forth in our Terms of Use. This policy does not apply to the practices of companies that LabFinder does not own or control or to people that LabFinder does not employ or manage. LabFinder may be referred to in this Privacy Policy as “we,” “us,” “our” and “ourselves.” The terms “website”, “services” and the like similarly mean the LF Services. Any capitalized term used but not defined in this Privacy Policy shall have the same meaning as in our underlying Terms of Use.

Unless otherwise stated, this Privacy Policy applies to personally identifiable information collected on the LabFinder website and/or through the LabFinder e-mail or contact system. It does not apply to any other information collected by LabFinder by any other means.

This Privacy Policy applies to personally identifiable information collected on and after the date that this Privacy Policy is posted. However, for any LabFinder Users who registered on our website prior to this date, we will apply this Privacy Policy to personally identifiable information associated with that account for continued access to and use of the LF Service, whether or not the User is specifically prompted to accept changes/additions.

The term “personally identifiable information” means information that identifies a particular individual or enables a party to contact an individual, and includes the individual’s name, postal address, e-mail address and telephone number as well as the Personal Information defined below. Personally identifiable information is sometimes referred to in this Privacy Policy as “Personal Information” whether or not the words are capitalized.

General Information

While our services are based in New York, as a US user and subject to certain limitations under US privacy laws, if you reside in a State governed by additional privacy protections you may have choices regarding our use and disclosure of your Personal Information. In addition to your rights under the Privacy Policy, your other rights may include:

Exercising the right to know: You have a right to request additional information about the categories of Personal Information collected, sold, disclosed, or shared; purposes for which this Personal Information was collected, sold, or shared; categories of sources of Personal Information; and categories of third parties with whom we disclosed or shared this Personal Information.

Exercising the right to opt-out from a sale or sharing: We do not transfer your Personal Information to third parties in exchange for payment. However, as noted below, we may provide the data to third party partners, such as advertising partners, analytics providers, and social networks, who assist us in advertising our products and Services to you. Because these third parties may use the data we provide for their own purposes, our provision of data to these parties may be considered a data “sale” or “sharing” as those terms are defined under certain State Specific Statutes and/or applicable US privacy laws. You can opt-out of targeted advertising and any related data “sales” or “sharing” by adjust consent preferences via blue CookieYes button in the lower left corner. Please also see our Cookie Notice.

Google Analytics: You can opt-out of having made your activity on the Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information, please visit the Google Privacy & Terms web page.

Exercising the right to limit the use or sharing of Sensitive Personal Information: We do not sell or share Sensitive Personal Information as defined by US privacy laws and have not done so in the past twelve (12) months. We use Identifiers and Location Data for the purposes set out below, including, without limitation, for providing our Services, complying with legal obligations, and other purposes consistent with your consent and applicable law.

How do we collect the personally identifiable information of our users?

LabFinder may collect certain personal identifiable information through a variety of means and sources about users who visit, contact, sign up/register for or otherwise use the LabFinder website/LF Service. For example, we collect such information in the following manners:

Information You Provide to Us

Much of the personally identifiable information we receive comes directly from users who are interested in signing up for the LF Service or who are interested in obtaining information, services or products from us. We collect personal information when you register on, complete a profile on or contact us through our website or when you e-mail us. We may also collect other types of information (non-identifiable information), such as gender, age, personal interests and medical or health-related information that we may associate with personally identifiable information.

When you access our website services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) identifiers and contact data (such as your e-mail address, phone number, and unique online identifiers); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) health and medical data; (5) biometric information; (6) internet activity data; (7) geolocation data (such as the doctors or other health care providers you use, your reasons for care, your dates of visit, your medical history, and other medical and health information you choose to share with us, and (5) other information that you voluntarily choose to provide to us, including without limitation social security number, unique identifiers such as passwords, and Personal Information in emails, contact submissions or letters that you send to us. You might still be able to access and use some of the LF Service if you choose not to provide us with any Personal Information, but the features of the LF Service that require your Personal Information will not be accessible to you. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

Information Collected Through Technology

We may collect information through technology to make our website more useful to you and to track user web activity and interests. Our website may use “cookies,” which are pieces of information a website sends to your computer while you are viewing the website, for a variety of purposes. For example, when you return to our website after logging in, cookies may provide information to the site so that the site will remember who you are. We may also use information collected through web beacons, which are small pieces of data that are embedded in images on the pages of websites, to analyze the traffic patterns on our website, such as the frequency with which our users visit various parts or pages of our website. We may also use these technical methods in HTML e-mails that we send to our users to determine whether our users have opened those e-mails and/or clicked on links in those e-mails.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most web browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our LF Service and we recommend that you leave them turned on.

You may be able to engage in certain transactions without registering and logging on to our website. We refer to all of these transactions that you engage in without registering and logging on to our website as “Non-Registered Transactions.” When you engage in Non-Registered Transactions (in addition to those engaged in Registered User transactions), we may gather personally identifiable information, such as your computer’s IP address and other traffic data. We may automatically collect the following traffic data: (1) IP address; (2) domain server; (3) type of device(s) used to access the LF Service; (4) web browser(s) used to access the LF Service; (5) referring webpage or other source through which you accessed the LF Service; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser, mouse or device and the LF Service.

Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through the mobile device, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and traffic data. As with other tracking tools, mobile device identifiers help LabFinder learn more about our users’ demographics and internet behaviors.

We may manage and place advertisements on our website on behalf of third parties referred to herein as “network advertisers.” We may also use cookies and other technology to collect information when you click on or move your cursor over banner advertisements. Please note that once you have clicked on any such advertisement and have left our website, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on its website or App. Advertisers or other third party companies will not have access to our own cookies or our other information-gathering technology.

Information That We Collect from Others

We may supplement personally identifiable information that we have collected directly from our users with other information that we obtain from third parties, such as Lab Users. If and when we associate any information that we obtained from third parties with personally identifiable information that we have collected under this Privacy Policy, we will treat the acquired information exactly like the information that we collected ourselves.

How is personally identifiable information used?

We will never rent, sell, disseminate or share personal information about you with non-affiliated companies or third parties other than to schedule your Lab Services and to secure and store relevant information derived from those services, except when we have your permission or under the circumstances set forth in detail below.

Personally identifiable information collected may be shared within and used by LabFinder, and its affiliated companies, subsidiaries and vendors for several purposes. For example, LabFinder may use your personal information to send you promotional materials about goods and services, including special offers and promotions, either offered by LabFinder or offered by third parties (sent by LabFinder on behalf of these third parties), including Lab Users. These promotional materials may be sent to you by online portal, postal mail, e-mail or other means.

We may also use your personal information for “Operational Uses,” such as to complete transactions requested by you (for example, insurance eligibility verification, Lab Service scheduling, Lab Services test result acquisition from Lab Users and storage for your access, and your purchase of or subscription to a product or service offered on our website or by a Lab User) or to send you administrative communications.

LabFinder may take your personally identifiable information that is associated with other information about you (i.e. demographic information including age, sex, etc.) and make it non-personally identifiable (“non-identifiable”) by removing all personally identifiable characteristics, such as your name, insurance identifiers, address, phone number, e-mail address, and any other personally identifiable characteristics.

At times, LabFinder may hire companies to help deliver products or services that you request from LabFinder. Examples of these companies may eventually include packaging, printing, mailing or delivery companies. In these instances, there may be a need to share your information with these companies to fulfill your requests. Unless stated otherwise, these companies are allowed to gather, receive and use your information only for the purposes described in this paragraph or as required by law.

LabFinder may contract with a third party to help manage and optimize our Internet business and communications. As described above, website tracking services help websites to measure the effectiveness of advertising and how visitors use a website through the use of web beacons and cookies provided by such company. The type of information we may collect includes, but is not limited to, the pages visited and links clicked by users. By supplementing our records, this information would help us to learn things such as what pages are most useful and attractive to our visitors and which of our tools and information most interest our visitors and users. Although the third party company would log the information coming from our website on our behalf, we would control how that data and information may and may not be used, though we cannot be responsible for misconduct, acts or omissions by such third parties and you hereby waive any claim against LabFinder for same, fully acknowledging the risk of using and registering for our LF Service.

LabFinder will also disclose personal information when it believes in good faith that such disclosures (a) are required by law, such as to comply with a court order or subpoena, or (b) will help to enforce our Terms, including, without limitation, this Privacy Policy; protect your safety or security, including the safety and security of property that belongs to you; and/or protect the safety and security of our website, LF Service, LabFinder and/or third parties, including the safety and security of property that belongs to LabFinder or third parties.

NOTICE REGARDING DE-IDENTIFICATION OF DATA: We may process, use, and share or sell de-identified and aggregated data for analytics, research, service improvement, and commercial purposes. Any de-identification of Personal Information or PHI will be performed in accordance with applicable law and industry standards. We will not attempt to re-identify such data or combine it with other data sets in a way that could lead to re-identification. You acknowledge that we may share or sell de-identified, aggregated data with third parties without notice to you and without compensation or other consideration due you.

In the event of a merger, sale or other new business reorganization, we may share your information during due diligence and may transfer the data to the new operator, including personally identifiable information, which may include PHI.

Phone Images, Files and/or Location

A User’s lab or radiology test booking process should be simple and easy. In order to provide a better User experience, by accepting our Terms, you grant us the right to access your geolocation in order to show the closest testing center location. This provides the most relevant results nearest to the User’s current location. A User can also input desired location search criteria in our customized search engine. For instance, the User can enter a zip code that is not near their current location to see locations in the other desired area. We may also access a user’s images and files in order to upload a doctor’s order efficiently from either a saved file in their phone or from a photo taken by their phone. The user gives permission to access such images/files and to share the location. Access is effective for as long as they have the App installed or until they turn off permissions in their phone settings. A user can turn off App access permission settings on their phone.

COVID-19 Testing

You can book a COVID-19 test quickly and easily through the LabFinder platform. All COVID-19 test results are confidential and shared only with the patient.

Labfinder.com is an online platform that provides a convenient and efficient way for individuals to locate and schedule various medical tests and screenings. While Labfinder.com offers COVID-19 testing as one of its services, it is important to note that it is not the primary focus of the platform. Instead, Labfinder.com serves as a comprehensive resource for finding and booking a wide range of medical tests, such as blood tests, urine tests, imaging scans, and more. By partnering with reputable laboratories and healthcare providers, Labfinder.com ensures that users can easily access the tests they need to monitor their health and make informed medical decisions. The platform offers a user-friendly interface where individuals can search for nearby testing facilities, compare prices and services, and schedule appointments at their convenience. With Labfinder.com, getting the necessary medical tests becomes a hassle-free process, empowering individuals to take control of their healthcare beyond just COVID-19 testing.

SMS/Text Communications

We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.

Options for Opting out of Cookies and Mobile Device Identifiers

Some web browsers allow you to reject cookies or to alert you when a cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Note if you block or reject LabFinder’s cookies or mobile device identifiers, you may not have access to all features.

You may opt out of receiving certain cookies and certain trackers by selecting the check box in My Profile section of the Consumer Dashboard. Please also see our Cookie Notice for additional information. You will need to opt out of each browser and device for which you desire to apply these opt-out features.
Even after opting out of behavioral advertising, you may still see LabFinder advertisements not targeted toward you. Also, opting out does not mean that LabFinder is no longer using tracking tools as you continue to use our website/app, and may still serve advertisements to you via the services based on information it collects for provision of the website/app services.

Do Not Track Disclosure

Do Not Track (“DNT”) is a preference you can set in certain web browsers including Chrome, Firefox, Safari and Internet Explorer to inform websites that you do not want to be tracked. If a website operator receives a DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. You can enable or disable Do Not Track by visiting the Preferences or Settings of your web browser although not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. Therefore, LabFinder does not take any action to respond to DNT signals.

HIPAA and PHI

Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of the demographic, health and/or health-related information that LabFinder collects as part of providing the LF Service may be considered “protected health information” or “PHI”. Specifically, when LabFinder receives identifiable healthcare information about you from or on behalf of your healthcare providers and Lab User, this information is PHI. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. LabFinder will handle your PHI in accordance with HIPAA requirements, our Health Information Agreement, and any applicable Business Associate Agreements with Covered Entities and downstream or upstream contractors. We will only use and disclose your PHI as permitted by law and authorized by you, your healthcare providers, and applicable Lab Users.

You should note the following prior to using, registering for or accessing the LF Service:

We may share your Personal Information with Lab Users with which you choose to schedule through the LF Services.
We may share your Personal Information with your physician or other clinician to the extent you provide us with their contact information (using the name and contact information you provide or that they otherwise subsequently update with us), such as to to enable them to order or otherwise review results of your Lab Services.
Lab Users will share PHI with us resulting from your use of the Lab Services, for subsequent access by you using the LF Service.
We may use your Personal Information for the purposes of insurance verification, determining eligibility, co-pay, deductible, co-insurance and/or cost-sharing obligations, and otherwise obtaining benefit plan information. We may share the Personal Information with the insurance provider you identify to us, applicable plan administrator or their agent as well as the Lab User and their agent (including potentially via our third party vendor).
We may share your Personal Information with our vendors who perform operational services (such as hosting, billing, fulfillment, data storage, security, user analytics and customized content and/or which make functionality, items, services and products available to our users through or otherwise via our LF Service).
We do not sell email addresses to third parties. However, we may share your email address with service providers who assist us in delivering communications, including marketing messages, to you..
We may transfer your information to another company in connection with a merger, sale, exchange of ownership, acquisition or other change of ownership or control by or of LabFinder (whether in whole or in part).

In addition, you have been or will be asked to e-sign a LabFinder Registered User Agreement the “LabFinder Agreement”) potentially including subsequent authorizations from time to time. Your decision to e-sign the LabFinder Agreement is voluntary but may govern the LF Service functionality available to you (or preclude registration to the extent inherent to our intended use and functionality). To the extent any provision in the LabFinder Agreement is inconsistent with this Privacy Policy or other provisions of the Terms of Use, then the provision in the LabFinder Agreement only controls with respect to your PHI.

Children’s Privacy

Our LF Service is not intended for anyone under the age of 16 (“Children”). We respect the privacy concerns of parents and guardians regarding Children and their possible use of this LF Service. LabFinder does not allow Children years 16 or younger to register or use this service, does not knowingly collect or solicit Personal Information from anyone under the age of 16, or knowingly allow such persons to register and/or use the Service. If you are under 16 please do not attempt to register for the LF Service and/or send any information about yourself to us including, but not limited to, your: name, address, telephone number, or email address. No one under the age of 16 may provide Personal Information to us. In the event that we learn that we have collected Personal Information from someone under the age of 16 we will delete such information as quickly as possible. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us at privacy@labfinder.com.

If the user is under the age of majority in their state, they may only access and use LF Services under the supervision of a parent or legal guardian who agrees to these Terms of Use. By using the services on behalf of a minor, the user confirms that they are the minor’s parent or legal guardian and agree to these Terms on their behalf; otherwise, the user must cease using the LF Services on behalf of the minor immediately. For all references in these Terms of Use, “user” or “User” includes both the minor and the parent, legal guardian, or authorized representative of the minor. By using LF Services, the user represents and warrants that they have the legal right, authority, and capacity to agree to these Terms of Use.

What choices do you have about the collection and use of your personally identifiable information?
As a threshold, you should not register for or use the LF Service if you do not agree to these terms and exit the Website immediately.

With regard to personal information that you have provided under this Privacy Policy, there may be various opt-out choices available to you (where applicable). For example, you may be able to opt-out from e-mails (a) following the opt-out directions on the website or in the e-mail; and (b) by contacting us directly as described below.

Please keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make or later make a specific request for information or action from LabFinder or use particular LF Service functionality that necessitates use of the Personal Information, (b) LabFinder uses your personal information for “Operational Uses” (as described above), (c) you either have engaged, simultaneously engage or later engage in Non-Registered Transactions as described above, or (d) LabFinder collects your personally identifiable information under any of the provisions above.

Any opt-out choices may take time to be implemented and fully effective. Our systems may require time to update, and promotional mailings, by e-mail or otherwise, using personal information shared before your opt-out may already be in process. Thus, you might continue to receive promotional materials from LabFinder based upon the personal information you have provided under this Privacy Policy for up to ninety (90) days.

What kinds of security measures do we take to safeguard your personally identifiable information?

The security of your information is of utmost importance to us. We have implemented technical, administrative and physical security measures to protect user information from unauthorized access and improper use. For example, we limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. From time to time, we review our security procedures in order to consider appropriate new technology and methods. All communication uses industry standard TLS 1.3 or later encryption to ensure the connect between your browser and LabFinder servers remains private. Once personal health information reaches our system, it is encrypted using unique keys for ongoing storage allowing only those with special permission to access your records. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. Once information including Personal Information/PHI is accessed by a viewer or recipient, however, we have no control over the privacy or security of such information.

How can you ask questions or send comments to us about this Privacy Policy?

If you have any questions or wish to send us comments about this Privacy Policy, you can e-mail us directly at privacy@labfinder.com. You can also write to us at the following address:

LabFinder
Attn: Privacy Officer

845 Third Avenue 6th FL

New York, NY 10022

How will you know if we amend this Privacy Policy?

We may amend this Privacy Policy at any time. If we make any material changes to this Privacy Policy, we will notify you by sending you an e-mail at the last e-mail address that you provided us and/or by prominently posting notice of the changes on the website covered by this Privacy Policy. Please note that, at all times, you are responsible for updating your personal information to provide us with your current e-mail address. As a threshold, your receipt of personal information including PHI will either be online and/or through such e-mail address, so maintaining it as current is critical to your protection of your personal information and ensuring you continue to receive the value of the LF Service functionality. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us, through such mechanism we provide or make available to you. The effective date of this Privacy Policy is set forth at the bottom of this webpage. Your continued use of the LF Service after the effective date (and after the effective date of any change) constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. The amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES.

Information for California Residents

California residents have specific privacy rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Any terms defined in these laws have the same meaning when used in this section. California resident Users have the right to: (a) request that we disclose the categories of personal information we have collected about you, the categories of sources from which the personal information was collected, the business or commercial purposes for collecting, selling, or sharing the personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you over the past 12 months; (b) request that we delete personal information we have collected and retained about you, subject to certain exceptions, such as completing transactions you have requested, complying with legal obligations, detecting security incidents, or using the information for other lawful purposes aligned with consumer expectations; (c) request that we correct inaccuracies in your personal information, taking into account the nature of the information and its purpose; (d) opt out of the sale or sharing of your personal information, as defined under the CCPA and CPRA, including personal information shared with third parties such as advertising partners and analytics providers for targeted advertising purposes; and (e) limit the use of your sensitive personal information, if collected, to what is necessary for providing services or as otherwise permitted by law.

Although we do not sell your personal information for monetary compensation, we may share certain categories of information, such as identifiers (e.g., device identifiers), online activity data (e.g., browsing history and interactions with our website), and geolocation data (e.g., IP addresses), with third parties to advertise and improve our services. This may qualify as a "sale" or "sharing" under the CCPA and CPRA.

To exercise any of these rights, you may submit a request by contacting us at:

LabFinder
Attn: Privacy Officer

845 Third Avenue 6th FL

New York, NY 10022

We will verify your identity before processing your request. For requests submitted by authorized agents, we may require proof of authorization and verification of your identity. We process all legitimate requests free of charge, unless are manifestly unfounded, excessive, or repetitive, in which case we reserve the right to charge a reasonable fee or refuses to act on the request.

In the past 12 months, we have collected categories of personal information, including identifiers, internet activity, geolocation data, and inferences drawn from personal information, for business or commercial purposes. This information is used to provide our services, improve user experience, comply with legal obligations, and for other lawful purposes. We disclose this information to service providers, advertising partners, and other authorized third parties as outlined in our Privacy Policy.

We will not discriminate against you for exercising your rights under the CCPA or CPRA. For more details, including how your sensitive personal information is processed, please review this Privacy Policy.

Third Party Software and Data Processing

We may incorporate third party software, including open source software, as part of the LF Service. Your use of such third party software is subject to any applicable terms and conditions provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain differing privacy policy and disclaimer notices applicable to the third party software.

As of the effective date of this Privacy Policy, we utilize or incorporate certain third-party software. The list below is provided for reference purposes only, is not exhaustive, and may be updated or modified from time to time. We encourage you to review the terms and conditions of each third-party provider, as we do not control or assume responsibility for their policies, practices, or compliance obligations.

Special Note to International Users

This website is hosted in the United States. We process personal information in accordance with applicable data protection laws, including but not limited to the EU General Data Protection Regulation (GDPR), UK GDPR, California Privacy Rights Act (CPRA),d other applicable regional privacy laws. For international data transfers, particularly from the European Economic Area, United Kingdom, Switzerland, and other jurisdictions with data protection laws, we implement appropriate safeguards including:

Standard Contractual Clauses approved by the European Commission
Technical and organizational measures to ensure an adequate level of data protection
Data Processing Agreements with our service providers and partners

We maintain dedicated data processing records and impact assessments as required by applicable laws. Usin different jurisdictions may have specific rights regarding their personal information, which we honor in accordance with local laws.

Terms Of Use

Last updated February 4th, 2025

THIS SITE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. YOU AGREE THAT YOU WILL SEEK CARE ELSEWHERE OR DIAL 911 IN THE EVENT OF A MEDICAL EMERGENCY.

NOTICE OF ARBITRATION PROVISIONS:

YOUR USE OF THE LF SERVICE IS SUBJECT TO BINDING BI-LATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW AND IN THESE TERMS OF USE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

These Terms of Use (“Agreement”) govern your access to and use of LABFINDER, LLC's services, including our website (www.LabFinder.com), mobile applications, and software services (collectively, the "LF Services"). LABFINDER, LLC, together with its subsidiaries and affiliates, is referred to as "LABFINDER" in this Agreement. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and that both you and the entity will be bound by these Terms of Use and liable for any breaches thereof.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE ANY PORTION OF THE LF SERVICE. THIS AGREEMENT WHICH INCORPORATES THE INTRODUCTORY PARAGRAPHS BELOW AND LABFINDER’S PRIVACY POLICY, COOKIE POLICY, AND ANY OTHER POLICIES AVAILABLE ON THE WEBSITE (COLLECTIVELLY, THE “TERMS”) / BY REFERENCE, IS BINDING UPON ALL USERS AND SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH USERS AGREE TO USE THE LF SERVICE.

These Terms of Use set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully accept to be legally bound by these Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE, AND PROMPTLY EXIT THE SERVICES.

IMPORTANT NOTE: THIS AGREEMENT IS UPDATED OFTEN. USERS SHALL MAKE A HABIT OF REVIEWING THIS AGREEMENT FROM TIME TO TIME TO STAY ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF THE USER’S ACCOUNT AND/OR THE LF SERVICE. REPORTS OF ACTIVITY IN VIOLATION OF THIS AGREEMENT MAY BE SENT VIA E-MAIL TO customersupport@labfinder.com.

BY ACCESSING, VIEWING, AND USING THIS LF SERVICE OR LABFINDER’S WEBSITE, OR SUBMITTING ANY INFORMATION TO LABFINDER, THE USER HEREBY INDICATES THE USER’S ACCEPTANCE OF, AND AGREES TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE USER DOES NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, THE USER SHALL NOT/NO LONGER USE THE LF SERVICE, AND SHALL BE PROHIBITED FROM USING THE LF SERVICE. WITHOUT LIMITING THE PROVISIONS BELOW, USERS FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD LABFINDER HARMLESS FROM AND AGAINST ALL LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING ATTORNEYS’ FEES), RESULTING FROM ANY VIOLATION BY USERS OF THIS AGREEMENT. USERS ACCEPT THIS AGREEMENT (AS MAY BE AMENDED IN LABFINDER’S SOLE DISCRETION) EACH TIME THEY ACCESS THIS WEBSITE AND LF SERVICE. IF A USER IS UNDER 18 YEARS OF AGE, USER REPRESENTS AND AGREES THAT IT POSSESSES THE LEGAL CONSENT OF HIS/HER PARENT OR GUARDIAN TO ACCESS AND USE THE LF SERVICE. THE LF SERVICE AND WEBSITE IS REVOCABLY LICENSED FOR USE ONLY AND NOT SOLD. THE “LF SERVICE” INCLUDES ANY MOBILE DEVICE APPLICATIONS (“APPS”) NOW OR HEREAFTER EXISTING. TERMS AND CONDITIONS.

Certain Definitions

For the purposes of the Terms:

Guest User(s): any individual or entity who accesses the LF Services without creating an account.
LabFinder (LF): in addition to the definition provided above, LabFinder includes its subsidiaries, affiliates, managers, employees, and agents.
LF Services: in addition to the definition provided above, LF Services includes LabFinder’s appointment scheduling, administrative features, and marketing tools, designed to facilitate communication between healthcare providers and patients.
Lab Services: means the clinical laboratory and diagnostic imaging services provided by Lab Users, including but not limited to tests, procedures, and related healthcare services. Lab Services are distinct from LF Services and are performed solely by Lab Users.
Lab User(s): means any individual or entity providing clinical laboratory or diagnostic imaging services listed on the LF Services.
Registered User(s): means any individual who creates an account to access and use the LF Services.
User(s): means any individual or entity accessing the LF Services, including Registered Users, Guest Users, and Lab Users.

Use of Services

Scope of LF Services

- - Through the LF Service, LabFinder provides a variety of features and functionality and associated administrative services to Registered Users and certain third party persons or entities engaged in Lab Services, as well as to Lab Users as further described on the LF Service itself and in other materials LabFinder may provide to Users from time to time. Features and functions of the LF Service may include, but are not limited to, appointment scheduling services, hosting User Content (as defined below) and information, and providing marketing opportunities for Lab Users and their Lab Services on the LF Service. LabFinder, in LabFinder’s sole and absolute discretion, may also provide reasonable assistance with communications between Registered Users and Lab Users. Further, by providing the names and contact information of one or more physicians via the Services, Registered Users expressly authorizes LabFinder to notify such physicians using the contact information provided by the User, that the User is a Registered User. LF Services features and functionality offered to a User shall differ depending on whether such User is a Registered User, Lab User, or Guest User.
  - We take certain limited steps to confirm the active license/permit status of those Lab Users who apply to license and use the App functionality as a participating subscriber. The Lab Users connected through our App enter into contracts with us, and may pay us a fee in order to be marketed through or to use the App. We provide the opportunity for them to enter into an agreement to be listed on and use our App based on their willingness to enter into a contract with us and such criteria as we may establish from time to time, including, but not limited to, geographic location. We strive to be available to all Lab Users but cannot control third parties’ willingness to contract with us or our then-current ability to service a particular geographic market and/or health care payor type (private and/or governmental). We may also terminate a Lab User’s participation pursuant to our terms, conditions, policies, or other agreements with the Lab User, including, without limitation, for reasons of a Lab User’s violation of such agreements.
- Scope of Lab Services: Lab Services, provided solely by Lab Users, include clinical laboratory tests and diagnostic imaging services such as radiology. LabFinder is not responsible for the delivery, quality, or results of these services. Lab Users operate independently and are governed by their own agreements, licenses, and professional standards. LabFinder does not supervise, endorse, or assume liability for Lab Services. Registered Users retain full discretion to engage—or not engage—in any business activities with one another, entirely at their own risk and responsibility, subject to the Restrictive Covenants set forth below. LabFinder in no way encourages, recommends, endorses or assumes any liability for any acts or omissions of any Users, Lab Users or Lab Services.
- User Responsibilities:
  - You are responsible for maintaining accurate information in your account and updating it as needed.
  - You must use the LF Services lawfully and refrain from prohibited activities such as unauthorized access, security breaches, or transmitting harmful content.

Limitations of Use:

Users may not:

Use the LF Services to transmit or distribute spam, unsolicited messages, or phishing attempts.
Share, upload, or distribute any content that is obscene, defamatory, offensive, or violates third-party rights.
Access the LF Services in a manner intended to overload, disrupt, or damage the platform’s systems or infrastructure.
Harvest or collect personal data from other Users without their consent.
Use the LF Services for any unlawful activities, including but not limited to fraud, intellectual property infringement, or privacy violations.
Attempt to gain unauthorized access to any part of the LF Services, including accounts, systems, or networks connected to the LF Services.
Circumvent, disable, or otherwise interfere with security-related features of the LF Services.
Distribute copyrighted materials without proper authorization.
Violate the intellectual property rights of LabFinder or any third party.
Engage in activities that compromise the security or functionality of the LF Services.
Attempt to reverse-engineer or interfere with LF Services.
Use LF Services to spread viruses or engage in unauthorized activities.

Users are required to comply with all applicable laws and regulations while using the LF Services. Any violations may result in account suspension or termination.

Additional Responsibilities for Registered Users:

- To register for the LF Services, you must provide accurate, complete, and current contact and payment information during the registration process. This includes but is not limited to a valid email address, billing details, and any additional identification information requested by LabFinder to authenticate your account.
- LabFinder reserves the right to refuse or cancel any registration at its sole discretion, including but not limited to situations where the provided information is incomplete, inaccurate, or fraudulent. Registered Users are responsible for ensuring their account information remains accurate and up to date throughout their use of the LF Services.
- Registered Users are solely responsible for payments to Lab Users and consulting their own physicians for interpretation of lab results. This includes ensuring they fully understand the implications of any diagnostic or laboratory data shared via the LF Services.
- LabFinder is not liable for errors caused by associating lab results with incorrect accounts or email addresses. Registered Users must ensure their account information is accurate and up to date to avoid such issues.
- It is the responsibility of Registered Users to manage their appointments, including cancellations or rescheduling, directly with the Lab Users. LabFinder is not responsible for missed or delayed appointments.
- Registered Users are required to verify their health insurance coverage and the financial implications of the services they use, as LabFinder does not guarantee coverage or reimbursement for any services facilitated through the platform.
- In cases where Registered Users share or delegate account access (e.g., for dependents), they remain fully liable for all activities conducted through their accounts.
- By registering, you acknowledge and agree to abide by these Terms and ensure that your use of the LF Services complies with all applicable laws and regulations.

Fees and Payment Terms; Refunds and Cancellation Policy

- Fees and Payments
  - Fees for the LF Services may be billed on a monthly subscription basis and/or one-time payment basis in advance and are strictly non-refundable, regardless of usage. This includes instances of account termination by the User or LabFinder. The first payment and all subsequent payments of monthly charges shall be billed one month in advance, and all payments are due immediately and will be applied to Registered Users’ credit card provided to LabFinder during the registration process. Registered Users agree to such recurring monthly charge. Registered Users hereby acknowledge and agree that this LF Service may be offered solely on an on-going subscription basis and may be cancelled automatically for non-payment. Should the Registered User’s subscription expire, the Registered User’s use of the LF Service shall automatically terminate. Upon termination of this Agreement for any reason, Registered Users shall immediately pay LabFinder all fees due prior to the termination date. LabFinder shall not be obligated to refund any fees paid by Registered Users for any reason whatsoever, except where explicitly required by applicable law. In the event legal action is necessary to collect on balances due, Registered Users agree to reimburse LabFinder for all expenses incurred to recover sums due, including collection costs, attorneys’ fees and other legal and collection agency expenses. Registered Users are responsible for purchase of, and payment of charges for, Internet access services and telecommunications services needed for use of the LF Service.
  - For purposes of identification, billing and marketing, Registered Users shall provide accurate, complete, and updated information to register for use of the LF Service, including their email address and applicable payment data (for example, a credit card number, billing address, and expiration date). LabFinder may use third party payment processors for the purpose of obtaining payment and Registered Users hereby grant LabFinder the right to provide all applicable Registered Users’ information to such third party payment processors, subject to applicable data protection laws and LabFinder's Privacy Policy. Users acknowledge that such third-party payment processors may have their own terms of service and privacy policies, and agree to be bound by such terms.
  - Registered Users hereby agree that LabFinder may contact Users via email regarding this Agreement and the LF Service.
  - Registered Users are solely responsible for all activities, actions, or misuse that occur under the Registered Users’ account and/or password, even if a friend, family member, guest, or employee committed the inappropriate activity. Therefore, Registered Users shall take all steps necessary to ensure that others do not gain access to the Registered Users’ account and/or password. In addition, Registered Users may not use their account to breach security of another account or attempt to gain unauthorized access to another network or server. Registered Users shall adopt adequate security measures to prevent or minimize unauthorized use of their account. Registered Users shall immediately notify LabFinder upon becoming aware of any breach of security or unauthorized use of their account and/or password. LabFinder shall cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
  - All payments must be made in full without any deductions, set-offs, or counterclaims. LabFinder reserves the right to suspend or terminate access to the LF Services for any User who fails to make timely payments.
  - LabFinder may adjust subscription fees at its discretion by providing advance notice to Users through email or other communication methods specified in the Terms. Any changes to fees will take effect in the next billing cycle unless otherwise specified.
  - Users agree to provide accurate and up-to-date payment information, including credit card details or other authorized payment methods. By submitting payment information, Users authorize LabFinder to charge the specified payment method for the applicable subscription fees and any additional charges incurred in connection with the use of the LF Services.
  - Users acknowledge that they are responsible for all taxes, including sales, use, value-added, and other similar charges, associated with the LF Services. These taxes will be added to the subscription fees where applicable, as required by law.

Refund and Cancellation Policies:

- Users may terminate their accounts through the cancellation mechanisms provided on the LF Services platform. Upon termination, Users will no longer have access to the LF Services, and any fees paid prior to termination are non-refundable.

In the event of cancellation by LabFinder due to a breach of these Terms by the User, no refunds will be provided. LabFinder reserves the right to deny refunds for partial use of services or unutilized account features. Additionally, cancellation requests must be submitted in accordance with the procedures outlined on the platform to ensure proper processing.
If termination is due to technical issues caused by LabFinder, Users may request a review of the cancellation terms. LabFinder will assess claims on a case-by-case basis to determine whether adjustments, credits, or refunds are warranted.
Representations, Warranties, and Disclaimers

User Representations, Warranties, and Covenants:

- Users represent, warrant, and covenant that throughout the term of this Agreement:
  - Users own or have obtained the necessary licenses, rights, consents, and permissions to use and authorize LabFinder to use all intellectual property rights in User Content (defined below) to enable the inclusion and use of User Content in the manner contemplated by this Agreement.
  - All information Users provide to LabFinder is true, accurate, and complete at all times.
  - Users have all legal rights necessary to use any credit cards or other payment methods utilized in relation to this Agreement and their use of the LF Services.
  - Users own all User Content and/or have the right to use and grant LabFinder the licenses set forth in this Agreement.
  - The execution and delivery of this Agreement will not breach any other agreement to which the User is bound or constitute a default under it.
  - Users are duly authorized to enter into and bind themselves to the terms and conditions of this Agreement.
  - Users will not upload, post, transmit, distribute, or otherwise publish through the LF Services any materials or User Content which:

Restrict or inhibit other Users from enjoying the LF Services;
Are unlawful, threatening, abusive, defamatory, obscene, pornographic, or otherwise objectionable;
Encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate applicable laws;
Violate, plagiarize, or infringe on third-party rights, including intellectual property rights;
Contain harmful components like viruses or malware;
Include unsolicited or unauthorized advertisements, spam, or solicitations; or
Contain false or misleading information.

Registered User Representations, Warranties, and Covenants:

In addition to the above User Representation and Warranties, the following additional terms apply to Registered Users:

Registered Users are at least eighteen (18) years old.
Registered Users will comply with all applicable laws and regulations while using the LF Services.
Each Registered User account is associated with a single email address, and all lab results or communications will be sent to this address.
Registered Users will: (i) promptly review lab results; (ii) notify the applicable Lab Users of questions or concerns; and/or (iii) iscuss results with appropriate physicians or Lab Users as needed.
Registered Users will immediately inform LabFinder if they no longer comply with any representations, warranties, or covenants outlined in this Agreement.

Ownership and Confidentiality

Intellectual Property:

- - LabFinder retains exclusive ownership of all LF Services’ content and intellectual property, including but not limited to software, designs, trademarks, and written materials. This includes, but is not limited to, proprietary technology, processes, algorithms, and any content made available through the LF Services (“LF Content”). The term “LF Content” encompasses all materials provided or created by LabFinder, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, and artwork.
  - Users are granted a limited, non-exclusive, non-transferable license to use the LF Services and LF Content solely for their intended purpose as outlined in this Agreement.
  - Users may not copy, modify, reproduce, reverse-engineer, distribute, sublicense, or create derivative works based on any component of the LF Services or LF Content without LabFinder’s prior written consent.
  - LabFinder reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking damages and injunctive relief against violations, misuse, or unauthorized access to the LF Content.
  - LabFinder retains exclusive ownership of all LF Services’ content and intellectual property, including but not limited to software, designs, trademarks, and written materials. This ownership extends to all enhancements, updates, or derivative works created by LabFinder or its affiliates.
  - Users are granted a limited, non-exclusive, non-transferable license to use the LF Services solely for their intended purpose as outlined in this Agreement.
  - Users may not copy, reverse-engineer, distribute, sublicense, or create derivative works based on any component of the LF Services without LabFinder’s prior written consent.
  - LabFinder reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking damages and injunctive relief against violations.

Confidential Information:

- “Confidential Information” shall mean all non-public information of LabFinder, that, whether or not labeled “Confidential,” relates to its/their business, including, but not limited to, User Content, advertising/promotional material, customer lists, files (both physical and virtual), books, logs, charts, flow charts, algorithms, records, studies, reports, schedules, plans (including technical, business, financial, customer, and product development plans), strategies, ideas, inventions (whether patentable or not), trade secrets, copyrights, patents, all intellectual property of every kind and nature, and any protected health information (PHI) governed by HIPAA, that is furnished or disclosed by one party to the other, regardless of the means or location of disclosure.
- Users agree to maintain the confidentiality of such information and not disclose it to third parties without LabFinder’s explicit written consent. Users further agree to comply with all applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), in handling any PHI shared through the LF Services.
- Upon termination of this Agreement, Users must return or destroy all materials containing Confidential Information in their possession, unless retention is required by law.
- The obligation to protect Confidential Information survives termination of this Agreement and remains in effect indefinitely.

By using the LF Services, Users agree to respect LabFinder’s ownership rights and uphold their confidentiality obligations as outlined above.

Mobile Terms of Service

LF Services may include mobile message service, including LabFinder’s SMS/text message service (collectively, the “Mobile Service”) operated by LabFinder. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to LabFinder’s Mobile Terms, you agree to receive recurring SMS/text messages from and on behalf of LabFinder through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent to you using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You acknowledge and understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with LabFinder. Your participation in Mobile Service is completely voluntary. However, please note that by withdrawing your consent, some of the functions provided by the Services may no longer be available to you. Keep in mind that if you stop receiving SMS/text messages from us, you may not receive important and helpful information and/or reminders about your use of the Services.

We do not charge for the Mobile Service, but you are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

You may opt-out of the Mobile Service at any time by texting the single keyword command STOP or clicking on an unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. You understand and agree that our text-message platform may not recognize or respond to unsubscribe or STOP requests that alter, change, or modify the keyword commands specified in this Section, such as the use of different spellings or the addition of other words or phrases to the command and you hereby agree that LabFinder and its services providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. For support regarding the Mobile Service, text “HELP” to the number you received messages from or email us at customersupport@labfinder.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us at the address provided below.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Florida Residents: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Mobile Service, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Mobile Service is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Arbitration and Dispute Resolution

This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules.

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with LabFinder; (iii) any data or information you may provide to LabFinder or that LabFinder may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “LabFinder Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other LabFinder LabFinder Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of LabFinder’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against LabFinder, and any claim that LabFinder may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any LabFinder Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (the “Applicable Rules”). The most recent version of the AAA rules is available at www.adr.org and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.
To promote efficient handling of arbitration claims, if twenty-five (25) or more substantially similar claims are filed against LabFinder within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and LabFinder, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.
You further agree that:
- the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and LabFinder (the “Arbitrator”);
- the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Use and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;
- Arbitration proceedings will be held in New York City, New York, or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and LabFinder submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
- the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein;
- LabFinder may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after LabFinder has given notice of such modifications and only on a prospective basis for claims arising from LabFinder Transactions and Relationships occurring after the effective date of such notification; and
- nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Additional Terms Digital Millennium Copyright Act Infringement Claims:

LabFinder respects the rights of all copyright holders and in this regard, LabFinder has adopted and implemented a policy that provides for the termination of the right to use the LF Service, in appropriate circumstances, for Users who infringe the rights of copyright holders. If a User believes that User’s materials have been copied in a way that constitutes copyright infringement, please provide LabFinder’s copyright agent a notice of possible infringement required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, as follows: The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LabFinder to locate the material on the Services; (iv) the name, address, telephone number, and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.. LabFinder’s copyright agent for notice of claims of copyright infringement on or regarding the LF Service can be reached as follows: Attn: Copyright Agent, LabFinder, 845 Third Avenue, New York, NY 10022

LabFinder’s copyright agent for notices of claims can be reached as follows:

Attn: Copyright Agent
LabFinder
845 Third Avenue
New York, NY 10022

LabFinder reserves the right to remove any infringing content and terminate access to the LF Services for repeat infringers.

Links to Third-Party Sites:

LabFinder may include links to external websites or resources for the convenience of Users. These links do not imply any endorsement or approval by LabFinder of the content, products, or services offered by such third parties. LabFinder does not control these third-party sites and is not responsible for their availability, accuracy, or reliability. Users access these links at their own risk and are encouraged to review the terms and privacy policies of any third-party websites. Additionally, LabFinder is not liable for any loss or damage resulting from Users’ interactions with third-party websites, including but not limited to transactions, data breaches, or inaccuracies in third-party information. Users must exercise caution and diligence when interacting with external sites.

Third-Party Content:

The LF Services may feature content, advertisements, or offers from third parties. LabFinder does not verify or guarantee the accuracy, completeness, or quality of such content. Users agree that LabFinder is not liable for any damages or losses incurred as a result of interactions with third-party content or services accessed through the LF Services. This includes reliance on any third-party advice, products, or services promoted via the LF Services. LabFinder reserves the right to remove or restrict access to third-party content that violates these Terms or any applicable law. Users acknowledge that their interactions with third-party content are solely at their own discretion and risk.

Advertising Restrictions:

Users are prohibited from using LabFinder’s name, logos, trademarks, or branding in any manner that could imply endorsement, sponsorship, or affiliation without LabFinder’s explicit written consent. This includes, but is not limited to, advertisements, promotional materials, or any public-facing content. Unauthorized use of LabFinder’s intellectual property will be subject to legal action to protect its brand integrity. LabFinder also prohibits Users from creating derivative works, modifying, or repurposing LabFinder’s intellectual property for commercial gain. Violations will result in immediate suspension of access to the LF Services and potential legal proceedings.

General Disclaimers:

Registered Users hereby acknowledge and agree that: (i) in order to provide the LF Service, LabFinder may make certain Registered User information available to third parties, including, without limitation, to Lab Users. Please visit our Privacy Policy for more information, including the purposes for which we share certain Registered User information; (ii) LabFinder may solicit feedback from Users and may make such feedback available (at LabFinder’s sole and absolute discretion) to other Users and/or the public by posting such information on the LF Service. By providing LabFinder with any feedback, a User expressly acknowledges and agrees that LabFinder shall own all intellectual property rights of every kind and nature in such feedback, shall not have any liability for such use or editing of such feedback and Users shall indemnify, defend, and hold LabFinder harmless from, and hereby release LabFinder from, all claims, damages, expenses, or costs relating to such feedback provided by the User; and (iii) LabFinder does not provide any advice of any kind or nature, whether clinical, medical, financial, or otherwise. Any information User may receive through User’s use of the LF Service or from LabFinder is for informational, educational, scheduling, and payment purposes only. Without limiting the generality of the foregoing, LabFinder does not provide any medical or other professional advice, and LabFinder shall not actively review any reports, communications, or any other information of any kind or nature (including, but not limited to, lab results, radiological results, or any other type or report or result, regardless of the reason) exchanged by Users with other Users including Lab Users and physicians, and shall not assume the direct care of any Registered User.

User’s use of the LF Service is solely at User’s own risk. Nothing stated or provided on the LF Service is intended to be, and shall not be taken to be, the practice of any profession or any healthcare, including but not limited such healthcare that may require a license, permit, or other applicable approval from a federal, state, or local jurisdiction. LabFinder is not responsible or liable for Lab Users’ changing their fees.
The parties hereby acknowledge and agree that LabFinder is not responsible for: (i) the accuracy, reliability, timeliness, or completeness of any data or information provided or received through the LF Service; (ii) the results that may be obtained from the use of the LF Service; (iii) the provision of Lab Services as a result of Lab User’s reliance on any Registered User information or other data provided through the LF Service; or (d) the cancelling or rescheduling of any appointment booked through the LF Service.
LabFinder is not responsible for any services Lab Users provide to other Users or any obligations of Registered Users to Lab Users. LabFinder does not recommend or endorse any specific tests, labs, Lab Users or any other individual, organization, or entity, whether or not listed or accessible through the LF Service, or any other information Users may obtain through User’s use of the LF Service. If User relies on any such information provided through User’s use of the LF Service, User hereby acknowledges and agrees that the User does so solely at User’s own risk.
User hereby acknowledges and agrees that LabFinder is not responsible for any User Content, results returned to User by Lab Users, and/or any third party content on the LF Service or accessed through the LF Service including, but not limited to, reports from any Lab Users, lab results, abnormal lab results or values in such lab results, reporting or sending lab results or notifications of abnormal results to Users. Users are solely responsible for sending, receiving and reviewing lab results and discussing lab results (or notifying the other party of lab results) with the appropriate Lab User and/or the appropriate physician.
The LF Service is not intended as a substitute for, nor does it replace, professional advice, diagnosis, or treatment of any kind or nature, including but not limited to those that may be provided by a physician or other healthcare professional. User shall not disregard, avoid or delay obtaining medical or other healthcare advice from a qualified healthcare provider because of User’s use of, or something User may have read on, the LF Service.
User shall not use the LF Service for emergency medical needs. If User experiences a medical emergency, User shall immediately call 911.
Registered Users’ use of the LF Service shall continue until the earlier of such time as:
- Registered Users provide LabFinder with notice that Registered Users desire to discontinue Registered Users use of the LF Service through any account cancellation mechanism then made available;
- The LF Service is terminated or canceled by LabFinder which LabFinder may do at any time and for any reason including, but not limited to, ceasing to offer the LF Service or a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes LabFinder to believe that this Agreement or the LF Service may be in conflict with such rules, regulations, or orders.
- Registered Users provide LabFinder with notice that Registered Users desire to discontinue Registered Users use of the LF Service through any account cancellation mechanism then made available.
LAB FINDER IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF USER LOG-IN CREDENTIALS, E-MAIL OR ACCOUNT.
LabFinder reserves the right to change, modify, add, or remove any portion of this Agreement or any portion of the LF Service, in whole or in part, without notice, at any time in LabFinder’s sole and absolute discretion. It is important for the User to refer to this Agreement and the LF Service from time to time to make sure that User is aware of any additions, revisions, or modifications that LabFinder may have made to this Agreement or the LF Service. Any such additions, revisions, or modifications is effective immediately upon either a posting an updated version of this Agreement on the LF Service home page. If any modification to this Agreement is unacceptable to the User, the User may terminate User’s use of the LF Service, subject to any written agreement with such User. However, if the User does not terminate User’s use of the LF Service, or continues to use the LF Service following modification to this Agreement, User’s continued use shall mean that User has accepted that modification.
User hereby acknowledges and agrees that temporary interruptions of the Service may occur as normal events. User further acknowledges and agrees that LabFinder has no control over third party networks User may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of LabFinder.
LabFinder does not represent or warrant that every action Registered Users and Lab Users take with regard to their accounts and related activities on the LF Service shall be lawful in any particular jurisdiction. Users are solely responsible for ensuring their use of the LF Service complies with all applicable local, state, federal, and international laws, regulations, and standards. Users shall indemnify and hold LabFinder harmless from any claims arising from their non-compliance with applicable laws. It is incumbent upon all Users to know the laws that pertain to User in User’s jurisdiction and act lawfully at all times when using the Service.
LabFinder may engage third party subcontractors and service providers in providing some or all of the LF Service. User acknowledges and agrees that LabFinder may share User data with such third parties as necessary to provide the Services, subject to applicable data protection laws and LabFinder's Privacy Policy. such as using them for limited retention of Registered User’s personal health information, data security, LF Service backup, purging of data, keeping Registered User’s diagnostic information in one place. An agent of a Lab User or other third party may make a “home visit” whereby such third party will visit the Registered User’s home and provide certain mutually agreed services (e.g. phlebotomy services). LabFinder is not responsible or liable for the acts or omissions of any such third party service providers. LabFinder has made reasonable efforts to comply with LabFinder’s Health Insurance Portability and Accountability Act (“HIPPA”) obligations (if any, and to the extent it is bound by HIPAA) including, but not limited to, entering into Business Associate Agreements between LabFinder and any other person or entity where there might be a transfer of protected health information. LabFinder is not responsible for, or liable for, the HIPAA compliance of LabFinder’s subcontractors and third party service providers including Lab Users. All such third party subcontractors and service providers are independent contracting parties or third parties unaffiliated with LabFinder and nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee, partnership, joint venture or any agency relationship or authority between LabFinder and such third party subcontractors or services providers. LabFinder is not responsible or liable for the acts or omissions of any third party subcontractors or service providers. LabFinder may change the third party subcontractors and service providers LabFinder uses to provide the LF Service at any time in LabFinder’s sole and absolute discretion and without providing notice to Users.

Disclaimer of Warranties

While LabFinder uses reasonable efforts to include up-to-date information on the Services, LabFinder makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
LABFINDER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LABFINDER, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “LABFINDER PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LABFINDER DOES NOT WARRANT THAT THE SERVICES OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES AND SERVICE IS SOLELY AT YOUR RISK.

EXCLUSION OF DAMAGES: NONE OF THE LABFINDER PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF LABFINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES, INJURY OR DEATH ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE LABFINDER PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, LabFinder WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH REGISTRATION, ACCOUNTS AND PASSWORDS LANGUAGE OF THIS AGREEMENT OR OF THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES OR OTHER SERVICES BY YOU OR ANY THIRD PARTY.

LIMITATION OF LIABILITY: IN NO EVENT WILL THE LABFINDER PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO LABFINDER IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.

APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS: BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, LABFINDER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THIRD PARTY WEBSITES AND FUNCTIONALITIES: THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY LabFinder. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, LabFinder MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY LabFinder. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.
Indemnification: You agree to indemnify and hold harmless the LabFinder Parties, and at LabFinder’s option defend the LabFinder Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the LabFinder Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Use, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the LabFinder Parties, LabFinder may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without the written consent of LabFinder.

Termination: In its sole and absolute discretion, with or without notice to you, LabFinder may suspend or terminate your use of and access to the Services, terminate your Account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Use; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. LabFinder shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which LabFinder may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to LabFinder.

Verification

All information provided is deemed reliable but is not guaranteed and should be independently verified.

Discrimination

Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other bases. User shall check with User’s local government agency for more information.

Advertising

User shall not use LabFinder’s name or any language, pictures, or symbols which could, in LabFinder’s judgment, imply LabFinder’s endorsement in any manner without LabFinder’s express prior written consent in each instance.

Force Majeure

LabFinder shall not be liable for any delay in performing LabFinder’s obligations under this Agreement if such delay is caused by circumstances beyond LabFinder’s reasonable control including, without limitation, any delay caused by any act or omission of the other party, acts of God, war, terrorism, floods, windstorm, labor disputes, or delay of essential materials or services.

Notices

1. 1. Whenever under the provisions of this Agreement User is required or permitted to give notice to LabFinder, User shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three (3) days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to LabFinder, at the following address: LabFinder, LLC, 845 Third Avenue, New York, NY 10022
  2. Whenever under the provisions of this Agreement LabFinder is required or permitted to give notice to User, LabFinder may send an email to the address provided by User when User registered with the LF Service. If User has not provided an accurate email address LabFinder may send a notice to User in any reasonable way.

Miscellaneous

This Agreement contains the sole and entire agreement between the parties with respect to the use of the LF Service and supersedes any and all other prior written or oral agreements between them. User may not assign User’s account to anyone without the express written consent of LabFinder. Upon notice, LabFinder may assign LabFinder’s rights and obligations under this Agreement. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement. All provisions of this Agreement which by their nature should survive termination of this Agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, indemnity obligations, confidentiality and limitations of liability. User agrees that during the term of this Agreement and for two (2) years thereafter, User shall not knowingly hire, solicit for hire, or retain the services of employees or former employees of LabFinder, to directly or indirectly engage anywhere in the United States in any business in which LabFinder is currently engaged. User also expressly agrees that it shall not during the period of its registration as a Registered User and for a period of three (3) years after cancellation thereof operate, manage, market, own or have any financial or contractual relationship in or with any website or mobile software application (app) that serves as a search engine and/or scheduling system for, whether alone or in combination with any of the following, clinical laboratories, patient service centers and/or diagnostic radiology practices and facilities, or the violating User shall, at LabFinder’s option in lieu of proving damages should it choose not to prove them, be liable to LabFinder for liquidated damages in the amount of $1,000 for each day of a violation and not as a penalty since damages are difficult to quantity, and, further, LabFinder shall be entitled to a preliminary and permanent injunction without any requirement of posting a bond as well as reimbursement of all costs and reasonable attorneys’ fees in enforcing this covenant and obtaining relief and for collection on any judgment with remedies in equity and at law being cumulative and not alternative (“Restrictive Covenants”). Users shall not at any time including after account cancellation disparage, impugn or deprecate the business, functionality, services, products, software or reputation of LabFinder and the LF Services. Neither this Agreement nor any uncertainty or ambiguity in this Agreement shall be construed or resolved against any party, whether under any rule of construction or otherwise. No party to this Agreement shall be considered the draftsman and it shall not be construed against any party as drafter. The parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this Agreement. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this Agreement whether or not specifically provided for in this Agreement. All provisions of this Agreement which by their express terms or reasonable implication must survive to be effectuated shall so be deemed to survive.

Prior Authorizations

LabFinder may, but is not obligated to, provide you and your ordering physician or other practitioner with services seeking prior authorization of a test with your carrier/payor before it is rendered. “Prior authorization” means any practice implemented by a carrier or payor in which coverage of a health care service is dependent upon a covered person or a health care practitioner obtaining approval prior to the service being performed. In rendering the services, LabFinder is relying solely on information provided by you (as the patient), on your behalf by a third party, and/or by ordering and/or rendering healthcare providers and suppliers, and does not represent or warrant that it will take steps to verify the information provided to it for the conduct of the prior authorization services. As such, LabFinder cannot guaranty the accuracy, current state of the information, or completeness of the information at the time of the request for authorization. Prior authorizations are not a guaranty of payment or a verification of patient eligibility under the applicable carrier/payor plan, and payment/reimbursement eligibility is ultimately subject to the terms and conditions of participation of the patient and rendering provider with the applicable carrier or payor plan. Carriers and other payors retain the right to review the medical necessity of services, eligibility for services, and benefit limitations and exclusions even after a patient receives the services. LabFinder does not conduct utilization review or make any determination or assessment of medical necessity. USERS, INCLUDING YOU, ASSUME THE SOLE AND ABSOLUTE RISK OF THE VALIDITY OF A PRIOR AUTHORIZATION AND THE AVAILABILITY OF COVERAGE AND/OR REIMBURSEMENT FOR THE SERVICE. YOU WILL LOOK SOLELY TO YOUR CARRIER/PAYOR AND THE ORDERING AND/OR RENDERING HEALTHCARE PROVIDER WITH RESPECT TO ANY DISPUTE REGARDING THE AUTHORIZATION, PAYMENT AND/OR CARE.

Safe Harbor Provision

LabFinder includes a list of participating providers that pay us a fee for placement on the directory and for use of software functionality we make available for booking services and transmitting test results. We show you those providers in your geographic search area who meet the criteria you enter for your search, including, without limitation, whether they participate in your insurance plan. Participants that are not qualified to render their service, which fail to transmit to our users their test results and/or which fail to maintain compliance with their LabFinder terms and conditions of participation may be suspended or excluded from the directory.

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