YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE, ANY SERVICES OFFERED THROUGH THE SITE OR ANY MATERIALS (AS DEFINED BELOW).
Terms) for the Site. By using the Site and/or by
clicking on a box that states that you agree to these Terms, you signify your agreement to these Terms and acknowledge that these Terms are
supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged, including your use of the Site.
Tests, Links and Other Third Party Materials and Actions
Accesa Labs does not select, perform, analyze or review any lab test and you agree that any lab test purchased through the Site does not constitute medical advice, diagnosis or treatment by or from Accesa Labs in any way. The Site services allow individual users to select and order lab tests online from participating lab facilities subject to approval by qualified medical providers. Site users and Provider are solely responsible for selecting the tests to be ordered from the selections then available through the Site. You must be at least 18 years old to use the Site, including, without limitation, the Site's the test ordering portal services. You understand that, although we make our best effort to get your results back from a participating lab in a timely manner, there is no guarantee as to how long it will take to receive your results.
When you are on the Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as the lab facility locators and the web sites of the labs performing your tests ordered through the Site. You acknowledge that when you click on any of these links, the sites you are taken to are not controlled by Accesa Labs and that we are not responsible for such sites.
In addition, Accesa Labs does not endorse and cannot ensure that you will be satisfied with any products or services, including any tests, offered by a third-party in connection with the Site. Accesa Labs does not control and is not responsible for the acts, omissions, statements and/or other conduct of any testing facility or medical professional. You are solely responsible for making whatever investigation you feel necessary or appropriate with your medical professional before communicating with any third party or proceeding with any testing with a third party, including determining the actual quality and necessity of any testing procedures.
In addition, you acknowledge and understand that this Site does not replace the services of licensed health care professionals and that all Site users should consult with a physician regarding their health concerns, questions, signs or symptoms. You are also only obtaining the specific tests actually ordered by your medical professional through the Site and you not for all possible tests related to any particular condition, disease or infection.
A test order requested through the Site can be cancelled or changed prior to submitting your test specimens. To cancel your order, request a refund or change your order, please contact us. We charge a 5% or $10, whichever is greater, processing fee for all cancelled orders. Accesa Labs does not provide CPT or ICD-9 codes or tax identification numbers for billing purposes. In addition, you understand that, if applicable, you will not attempt to bill Medi-Cal, Medicaid, or Medicare for any services rendered through Accesa Labs.
Limited Purpose; Rules of Conduct
If, and only if, you agree to, and are in full compliance with, the Terms, Accesa Labs authorizes you to view and access a single copy of the publicly available pages on the Site solely for your personal use. In addition, the Site, the Material (as defined below) and the services offered through the Site are made available for the limited purpose of allowing you and your medical professional to use Accesa Labs' online lab test ordering services. Any other use, duplication, distribution or other exploitation of the Site, the services offered through the Site, the Materials or any portion thereof by any user is strictly prohibited. Without limiting the foregoing, in no event may any user directly or indirectly:
(1) Republish, post, upload, frame, retransmit, redistribute, modify, remove any intellectual property or similar notices or otherwise reproduce the Site, the services offered through the Site or any Materials in any format to anyone in any way (other than the download to your personal computer that is inherent in viewing a web page);
(2) access, attempt to access, or obtain any information regarding other users (including, without limitation, any other users' tests ordered or test results or any other personally identifiable information related to another user);
(3) allow anyone else to use or access your name, account or password, if any;
(4) use any robot, spider or other data mining or other automatic device, program, or similar process or means to access, acquire, copy or monitor the Site, another user, the Materials or any portion thereof, or in any way circumvent the navigational structure or presentation of the Site or any Materials;
(5) breach or attempt to breach the security or authentication measures on the Site or any network or database connected to the Site;
(6) collect any information related to any Site users, the Accesa Labs services or other Material from the Site for the benefit of any other entity or person or share this information with any other person or entity;
(7) decompile, reverse engineer, disassemble or otherwise reduce any software code for the Site to a human-readable form;
(8) make any automated high-volume or other use of the Site for re-mailing, spamming or other purposes;
(9) use the Site, the services offered through the Site or the Material in violation of any applicable law, rule or regulation;
(10) use the Site for any purpose other than to utilize the intended test ordering services offer through the Site;
(11) submit any data, content or other material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site, the Materials or any connected network or database, or otherwise interferes with any person or entity's use or enjoyment of the Site;
(12) submit any data (including, without limitation credit card and other payment data), content or other material in violation of any applicable law or regulation, that violates or infringes upon the patent, trademark, copyright, trade secret, privacy, publicity or other rights of any third party;
(13) submit any data (including, without limitation credit card and other payment data), content or other material that is false, misleading, deceptive, defamatory, obscene, indecent, threatening, abusive, offensive, harassing, or hateful; or
(14) pretend to be another person or entity or misrepresent your identity, sponsorship, or affiliation with any such third party, including using a third party's username, password, personally identifiable or other account information.
You also agree to maintain the confidentiality of your account and other information and to promptly notify us if you become aware of any third party use of your account or other information relating to the Site or the services offered through the Site. You are responsible for all acts, omissions, statements and other uses of your account and other information on the Site and the related services.
We cannot and do not assure that other users are complying or will continue to comply with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and Accesa Labs, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Submissions, Removal and Disclosure
Accesa Labs reserves the right, but disclaims any obligation or responsibility, to refuse to process any order or to post or remove any information provided by a user that violates these Terms and to identify any user to third parties, and/or disclose to third parties any such submission, account or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including the Site. Moreover, Accesa Labs retains all rights to remove submissions at any time for any reason or no reason whatsoever.
In addition, we do not want, accept and/or consider any suggestions, inventions, modifications, improvements, concepts,
ideas or other information regarding the Site, the Materials or the services offered through the Site (
If you send us any such unsolicited Idea by any means, however, you hereby agree that Accesa Labs has no obligation to
protect or keep the idea confidential for you or any other person or entity, that the Idea and all intellectual property
and other rights in and to the Idea shall be the sole and exclusive property of Accesa Labs and that Accesa Labs shall
have the unlimited and unrestricted right to use, develop and otherwise exploit the Idea in all forms, formats, manners
and forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation and/or
approval to or from you or any other person or entity.
All of the text, information, trademarks, trade dress, features, images, displays, content, functions, processes, software, the compilation of the Site and other materials that make up or are contained on the Site (
the proprietary intellectual property of Accesa Labs. Except for the revocable and limited access right discussed below,
Accesa Labs expressly reserves all intellectual property and other rights in and to the Materials, the Site and the
services offered through the Site.
Site Changes and Operation
Accesa Labs reserves the right to discontinue, change and/or modify the Site, the services offered through the Site and the Materials at any time, in any way, for any or no reason.
THE SITE, THE ACCESA LABS' SERVICES OFFERED THROUGH THE SITE AND THE MATERIALS ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE ARE PROVIDED
AS IS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, ACCESA LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT RELATED TO THE
SITE, THE ACCESA LABS' SERVICES OFFERED THROUGH THE SITE AND THE MATERIALS ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE.
ACCESA LABS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES OFFERED THROUGH THE SITE OR ANY MATERIALS DOES NOT WARRANT THAT THE SITE, OR THAT THE SERVICES OFFERED THROUGH THE SITE OR ANY MATERIALS WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO ANY SUCH ISSUE.
FURTHERMORE, ACCESA LABS DOES NOT MAKE ANY REPRESENTATION AND IS NOT RESPONSIBLE FOR ANY ACTS, OMMISSION, INFORMATION OR STATEMENTS PROVIDED BY ANY SITE USER (INCLUDING ANY MEDICAL PROFESSIONAL OR TESTING FACILITY) AND RELIANCE ON ANY IINTERACTION WITH OR INFORMATION FROM ANY SUCH THIRD PARTY IS STRICTLY AT YOUR OWN RISK. WITHOUT LIMITING THE RELEASES AND OTHER LIMITATIONS OF LIABIITY CONTAINED IN THESE TERMS, IF YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY YOU HEREBY RELEASE ACCESA LABS AND/OR OUR LICENSORS OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, FROM ALL CLAIMS, DEMANDS AND/OR DAMAGES OF EVERY KIND OR NATURE (KNOWN OR UNKNOWN) ARISING FROM OR RELATED TO SUCH DISPUTES.
You hereby agree to indemnify, defend, and hold Accesa Labs and our licensors and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the
harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or
other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of
the Site, the services offered through the Site and/or your account(s). You shall use your best efforts to cooperate with
us in the defense of any claim. Accesa Labs reserves the right, at our own expense, to employ separate counsel and assume
the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ACCESA LABS OR OUR LICENSORS OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES OFFERED THROUGH THE SITE OR THE MATERIALS, EVEN IF ACCESA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ACCESA LABS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL ACCESA LABS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS REASONABLE CONTROL.
Disputes, Arbitration and Venue
This Site is not intended for viewing and use outside the United States and Accesa Labs makes no representation that the Site, the services offered through the Site or Material on the Site is appropriate or available for use in any particular location within the United States. Your use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than California. If you choose to access and use the Site and related services you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.
Any controversy, claim or dispute arising out of or relating in any way to your use of this Site, any Site services,
any purchases made through this Site, or your account, if any (collectively a
Claim), shall be governed by the
laws of the your home state of residence without respect to its choice (or conflict) of laws rules.
Both you and Accesa Labs waive the right to bring any Claim as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such Claim brought by anyone else. In addition, you and Accesa Labs agree that any Claim shall be resolved by final and binding arbitration at the American Arbitration Association and waives any right to have a Claim tried by a jury.
The arbitration of all Claims shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association in effect at the time of the Claim. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. The arbitrator shall determine any and all challenges to the arbitrability of a claim. A judgment on the award of any court of competent jurisdiction may be entered upon the award.
Entire Agreement; Amendment
including is used illustratively, as if followed by the words
but not limited to.
Last Updated 5/15/13