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BY USING OUR LF SERVICE, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY WHICH IS DEEMED INCORPORATED IN AND A PART OF THE TERMS OF USE AND YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. 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 (SUCH AS YOUR CHILD) 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.
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.
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:
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) contact data (such as your e-mail address and phone number); (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) medical 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.
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.
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.
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 and e-mail address.
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 of Use including 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.
We may use, publish and exploit any information that is neither Personal Information nor PHI (including PHI that has been de-identified and/or, after de-identified, aggregated) for statistical, research, study, sale and other purposes, including for sharing with our vendors and sale, without any consideration due to 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.
A user’s lab or radiology test booking process should be simple and easy. In order to provide a better user experience, we ask permission so that we may access a user’s location 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.
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.
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.
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.
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.
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 may only use and disclose your PHI in the ways permitted by you and your Lab User and/or physician.
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.
Our LF Service does not address anyone under the age of 13 (“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 13 or younger to register or use this service, does not knowingly collect or solicit Personal Information from anyone under the age of 13, or knowingly allow such persons to register and/or use the Service. If you are under 13 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 13 may provide Personal Information to us. In the event that we learn that we have collected Personal Information from someone under the age of 13 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.
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.
With regard to personal information that you have provided under this Privacy Policy, there may bevarious 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.
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 secure sockets layer (SSL) 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.
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
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.
California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of personal information, such as name, address, e-mail address and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. You can request information by writing to us at: LabFinder
Attn: Privacy Officer
845 Third Avenue 6th FL
New York, NY 10022
We will respond to such written requests within thirty (30) days following receipt at the mailing address above. We reserve the right not to respond to requests submitted other than to the address specified above or as otherwise exempted by law. Please note that we are required to respond to each customer only once per calendar year.
We may incorporate third party software as part of certain of the LF Service, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use 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.
This website is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and/or disclosure that differ from United States laws or regulations, please be advised that through your continued use of this website, which is governed by U.S. law and regulation, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE ANY PORTION OF THE LF SERVICE (AS DEFINED BELOW). THIS AGREEMENT (THE “AGREEMENT”) WHICH INCORPORATES THE INTRODUCTORY PARAGRAPHS BELOW AND LABFINDER, LLC’S (“LABFINDER”) PRIVACY POLICY LOCATED AT https://www.LabFinder.com/privacy/ BY REFERENCE, IS BINDING UPON ALL USERS AND SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH USERS AGREE TO USE LABFINDER’S “SOFTWARE-AS-A-SERVICE” MADE AVAILABLE TO USERS ON LABFINDER’S WEBSITE LOCATED AT https://www.LabFinder.com/privacy (THE “LF SERVICE” OR “SERVICE”).
FOR THE PURPOSE OF THIS AGREEMENT, (I) “LABFINDER” INCLUDES ITS MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, REPRESENTATIVES, AGENTS, SUBSIDIARIES, AFFILIATES AND PARTNERS; (II) A REGISTERED USER IS ANY PERSON WHO HAS CREATED AN ACCOUNT WITH THE LF SERVICE TO USE THE LF SERVICE TO LOCATE CERTAIN HEALTHCARE SERVICES INCLUDING, BUT NOT LIMITED TO, CLINICAL LABORATORY SERVICES AND DIAGNOSTIC RADIOLOGY SERVICES (“REGISTERED USER”); (III) A GUEST USER IS ANY PERSON OR ENTITY THAT VISITS LABFINDER’S WEBSITE AND LF SERVICE BUT DOES NOT CREATE AN ACCOUNT WITH THE LF SERVICE (“GUEST USER”); AND (IV) A USER IS ANY PERSON OR ENTITY WHO ACCESSES, VIEWS, OR USES THE LABFINDER’S WEBSITE OR LF SERVICE FOR ANY REASON AT ALL INCLUDING BUT NOT LIMITED TO REGISTERED USERS AND GUEST USERS (“USER”). 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 CUSTOMERSERVICE@LABFINDER.COM.
BY CLICKING “I ACCEPT” BELOW, AND OTHERWISE INITIALLY OR THERAFTER 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 CLICK “I ACCEPT” BELOW, 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.
User acknowledges that the LF Service is commercially valuable to LabFinder and that the LF Service is treated as confidential and contains substantial trade secrets. User’s right to use the LF Service does not include a grant to User of any ownership right, title, or interest in the LF Service or content therein. All copyright, patent, trade secret and other intellectual or proprietary rights in the LF Service shall remain the exclusive property of LabFinder and User shall (i) retain all copyright and trademark notices on the LF Service, and (ii) take other necessary steps to protect LabFinder’s intellectual property rights. User shall not sell, assign, transfer, disclose, duplicate, translate, decompile, reverse engineer, create derivative works from, or attempt to recreate the LF Service, in whole or in part, by reference to the original, whether by “clean room” or similar process.
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.
Mandatory Arbitration. Please read this carefully. It affects User’s rights.
USERS AND LABFINDER AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, LEGAL REPRESENTATIVES, HEIRS, ESTATES, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief.
All information provided is deemed reliable but is not guaranteed and should be independently verified.
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.
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.
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.
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.
LabFinder may 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.
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.