Terms and Conditions

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Please Read the Following Terms and Conditions Carefully

 

The “Terms of Service” and “Privacy Agreement” will govern our relationship and are a contract governed solely by Florida law. Please read them carefully.

 

Discounted Labs requires that all visitors, users, clients, and customers to sites, apps, API’s, and communications of Discounted Labs (our “Services”) adhere to the following terms and conditions of use. By accessing and using the Services, you agree, on your own behalf to be bound by and comply with the following terms and conditions of use (these "Terms") and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Services. These blood tests are for informational purposes only.

 

You agree that a blood test purchased through Discounted Labs does not constitute medical advice and will not diagnose, treat, or cure any disease or condition. You also agree that lab test results can be inaccurate through no fault of Discounted Labs. You understand the Services provided by Discounted Labs are provided at your request and not suggested by our staff physicians. As an online service we do not have a traditional doctor-patient relationship and do not provide CPT codes, ICD diagnosis codes, or other provider information to file insurance claims.

 

Return & Refund Policy

 

You may cancel an order if:

 

(1) you have not had your blood drawn and

 

(2) the order is cancelled within 3 months of the date it was purchased.

 

If the order is cancelled in the first 30 days from the purchase date, the purchase price will be refunded minus a $15 cancellation fee; otherwise you will receive a credit for the purchase amount, which may be applied to any future order placed within the six-month period.

 

If not cancelled within the six-month period, any unused order will lapse and there will be no refund or credit.

 

Lab orders are valid for three (3) months from the date of purchase. If you do not use your lab order within this time period it expires. Lab orders will be renewed at no charge for another 3 months if requested within 3 months of purchase.

 

If you mistakenly order duplicate lab tests in the same order, we will give you a credit for the amount that corresponds to the value of the discounted lab test portion of a panel.

 

You can request to cancel your order by going to our Contact Us page and fill out our contact us form or give us a call. Please include the order number for the order you would like to cancel or change.

 

Medical Emergencies

 

ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, ESPECIALLY THOSE OF AN URGENT NATURE, AND Discounted Labs SERVICES MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO AN INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THESE SERVICES FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.

 

Limitation of Liability

 

As partial consideration for your access to our Services and use of Content, you agree that in no event will Discounted Labs, its medical advisers, officers, directors, employees or its contractors, suppliers, content-providers and other similar entities, representatives and agents of each of the foregoing (collectively, our "Contractors"), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Services or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive or illegal conduct of other users of the Services or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

 

Under no circumstances will Discounted Labs or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption and claims of third parties) arising out of or in connection with these Terms or the use of the Services or the Content, or the transmission of information to or from the Services over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Discounted Labs and the Contractors will be limited in accordance with these Terms to the extent permitted by law.

 

Without limiting any of the foregoing, if Discounted Labs or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Services, or your use of the Services, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

 

Indemnification

 

You agree to defend and indemnify Discounted Labs, and our officers, directors, employees, representatives and agents, against all claims, demands, suits or other proceedings and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Services; (b) your access to and use of the Content, the Services, and other materials, products, and services available on or through the Services; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, PIN or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

 

Use of Trademarks

 

Except for the limited permission to use the logo as set forth in these Terms, you may not, without our express written permission, use any of Discounted Labs trademarks or service marks for any other purpose.

 

Disclaimer

 

The use of the Services by you and your Company is at your and its sole risk. ACCORDINGLY, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, Discounted Labs, ITS MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THE SERVICES OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THE SERVICES OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SERVICES OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SERVICES AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS (f) THAT THE ELECTRONIC COMMUNICATION UTILIZED, TO INCLUDE PHONE, FAX, WEB PORTAL, APP, API, OR EMAIL IS FREE FROM DEFECTS OR THIRD PARTY VIEWING.

 

Jurisdiction

 

These Terms will be construed and enforced in accordance with the laws of the State of Texas without regard to choice of law rules. Each of you and your Company submits to personal jurisdiction in Florida, and any cause of action arising under these Terms or otherwise involving the Services will be brought exclusively in a court in Harris County, Texas.

 

Waiver of Jury Trial

 

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

 

Miscellaneous

 

These Terms and Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Services and the Content.

 

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

 

Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Services.

 

These Terms do not confer any rights, remedies or benefits upon any person other than you.

 

We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

 

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

 

If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

 

Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities.

 

Discontinuation of use of the Services is your sole right and remedy for any dissatisfaction with the Services or any of the Content.

 

Using Our Services

 

Conveniently order lab tests and manage your order history in our website by using your personal account. Please refer to our Basic Ordering Instructions for more information. Click here

 

Payment

 

Payment must be made at the time of service by any of the following credit cards: American Express, Visa, MasterCard, or Discover. Your credit card will be charged when the test order is submitted. Charges are itemized by patient and will appear on your receipt. Please carefully review your receipt and save it for your records. If you have any questions or concerns about your invoice you must contact us within 30 days to notify us of the charges you wish to dispute. If you fail to notify us within 30 days, you waive all rights to dispute charges.

 

Further, if your credit card on file is declined, you agree and authorize Discounted Labs to attempt to charge your credit card until all unpaid transactions are satisfied. In the event your credit card is declined, Discounted Labs reserves the right to suspend your lab testing privileges or terminate your account completely.

 

Discounted Labs reserves the right in its sole discretion to refer any past due account to collections or an attorney at law.

 

You must maintain current contact information with Discounted Labs at all times. You may cease ordering with Discounted Labs, but in any event the remainder of these Terms of Service will remain in effect perpetually.

 

Resources

 

Please visit our website at www.discountedlabs.com for helpful information including our test directory, test information, price list, and educational resources. Links to technical information for most lab tests are available in the test description found on our website.

 

NOTE: We cannot collect and/or ship specimens for other companies. You will need to contact those companies directly for assistance.

 

You agree to follow the Basic Ordering Instructions and complete all forms according to Discounted Labs guidelines for electronic requisitions, and if you do not, your membership maybe suspended or terminated at the sole discretion of Discounted Labs. You assume all financial responsibility for the costs of tests ordered regardless of when testing occurs.

 

You further agree and understand that Discounted Labs provides an administrative service. As such, Discounted Labs does not make any representations or warranties as to the results of any lab tests or the efficacy of any course of treatment. All responsibility for the well-being and care of your patient is borne by you, the ordering patient. You hereby represent to Discounted Labs that you accept all responsibility for any acts or omissions resulting therefrom. You hereby agree to defend and hold Discounted Labs harmless for your errors and omissions related thereto. You also agree to indemnify, defend and hold Discounted Labs harmless for any act or omissions resulting from your negligence in following the terms of this agreement or in the treatment of patients. You represent that you have read and agreed to the Discounted Labs Privacy Agreement. You understand that service is not available in NY, NJ,  or RI. You understand that Discounted Labs does not accept insurance or file insurance claims.

 

You understand that results of this testing and all informational material is used for informational purposes and not a substitute for specific medical care. By accepting these Terms for referral for testing and/or screening services, you hereby certify that you have read this entire agreement that you understand and agree to all the terms and conditions. You knowingly and voluntarily use this acceptance as your consent for initiating a relationship with Discounted Labs for appropriate laboratory screening. By accepting these Terms for referral for testing and/or screening services, you hereby certify that you have read this entire agreement that you understand and agree to all the terms and conditions. You knowingly and voluntarily use this acceptance as your consent for initiating a relationship with Discounted Labs for appropriate laboratory screening.

BY ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.