SERVICE AGREEMENT

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY, IT IS A LEGALLY BINDING AGREEMENT.  BY USING THE SERVICES, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN, DO NOT ORDER ANY LAB TESTS OR OTHER SERVICES.

Electronic Signature Binding. Clicking the acceptance button to this Agreement, or otherwise submitting Your electronic signature, shall be deemed to have the same effect as Your signature.

PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

1. This website (“Website”), hereby referred to as “OrderMyOwnLab”, is designed as a way to provide you a way to order blood tests of your choosing and test them through an independent lab. The results of the testing ordered through OrderMyOwnLab do not guarantee a state of health or diagnosis of disease. The test results provided to you are for informational purposes only and not intended to replace the care of a medical healthcare professional. These test results should not be used to diagnose, treat, or cure medical conditions.
2. Your access to and use of the information and services contained on OrderMyOwnLab is subject to the terms and conditions described herein. By accessing or using OrderMyOwnLab, you acknowledge that you have read, understood and have agreed to the Terms and Conditions. You must read the Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions, you may not access or use this website. If you do not understand the Terms and Condition, do not use the services this website offers. OrderMyOwnLab reserves the right to change the Terms and Conditions at any time, for this reason, you must review the current terms before using the website at this time, any such revisions are binding.
3. Information Transfer and Release to Facilitate Services: I specifically authorize the transfer and release of my information as described herein when seeking and purchasing the Services, including my lab test results and other identifiable health or personal information, submitted by me or about me in connection with the Services, to, between and among myself and the following individuals, organizations and their representatives:
   the company; OrderMyOwnLab; through which I purchased the laboratory test and its affiliates, their staff and agents. The laboratory conducting the laboratory testing services to facilitate and execute the Services requested by me or performed with my consent (including receiving, reviewing and approving a laboratory request; reviewing, processing and delivering the laboratory test value(s)/result(s)), and as required or permitted by law.

4. Test Results and Information Do Not Constitute Medical Advice. Neither OrderMyOwnLab, nor tests ordered via this site, replace the care of a medical practitioner. Any information gained from the website or OrderMyOwnLab is not intended as or substitute for medical advice. Information obtained from the OrderMyOwnLab and test results are not to be used to diagnose, or treat a medical health problem, condition or disease. All test results should be followed up by a medical professional.
5. Use of the services from OrderMyOwnLab does not constitute in a doctor patient relationship. Do not use any information or test results without the supervision of a medical professional. Any new health regimen including but not limited to the taking dietary supplements, engaging in dietary modification or other lifestyle should be done under the supervision of a licensed healthcare provider.
6. Laboratory Errors: There is always a possibility of error or failure with laboratory testing. These errors may include but are not limited: damaged or inadequate samples, human error, equipment failure, lab reporting and processing errors. OrderMyOwnLab is not responsible for laboratory errors of any kind. By accessing and using OrderMyOwnLab you understand and acknowledge that errors are possible. You may NOT alter the laboratory requisition form in any way.
7. OrderMyOwnLab shall not be liable to you or anyone else for loss or injury caused in whole or part by procuring, compiling, interpreting, delivering or reporting information to you. Also, in no event shall OrderMyOwnLab be held liable to you or anyone else for any decision made or action taken or not taken in response to any information provided by OrderMyOwnLab or associated entities.You understand that a blood sample may be withdrawn by venipuncture or fingerstick and that there are possible associated risks including, but not limited to, the risk of infection, discomfort, and bruising.  You further understand that the test results are for screening purposes only and are not a diagnosis, and that tests can give false positive or false negative results for a variety of reasons.  You hereby release and discharge OrderMyOwnLab and the other organizations associated with this testing, and all of their parent and affiliate companies, officers, directors, managers, employees, agents, contractors, representatives, successors and assignees, from any and all liability, claims, damages, losses and costs of any kind, directly or indirectly arising from or in any way connected with, or the reporting or dissemination of information derived from, the specimen collection/blood draw and test(s) (including the failure of a test to detect any particular health problem). You consent to the procedures involved in collecting the specimen (including any blood draw), processing the test, and reporting the test results.
8. You are at least 18 years old and in full compliance with this Agreement and other requirements. The Services include allowing You to purchase medical laboratory and other services or products. No laboratory test may be ordered for any individual under 18 years of age.

    

9. OrderMyOwnLab does not accept insurance or file insurance claims.  Charges from OrderMyOwnLab may NOT be submitted for reimbursement from any health insurance.
10. Portal Access. Your portal is intended as a secure online means for you access Your confidential test results and information. You are responsible for any activity through your portal.  If You allow others to use Your username and password, they will be able to view Your confidential medical record information. OrderMyOwnLab, has no responsibility concerning any breach of Your confidential medical record information due to access of your portal with Your username and password.  If you believe that the confidentiality of Your password has been compromised, you must notify OrderMyOwnLab.
11. No Medical Advice. OrderMyOwnLab may provide general information related to various medical conditions and their treatment.  Such information is provided for informational purposes and for your general interest only. Please consult with Your Healthcare Professional to see if any information presented on the OrderMyOwnLab website is appropriate for You. In case of emergency contact your healthcare provider or call 911.
12. Your Information: You represent and warrant that the information used to order testing and use services is, and will at all times be, true, accurate and complete.
13. You hereby: (a) request that the testing laboratory send a copy of the test results to OrderMyOwnLab; and (b) authorize OrderMyOwnLab to make such results available to you once they are received.
14. Notices. You authorize OrderMyOwnLab to provide You notices of any kind, including notices of critical laboratory tests results and those required under HIPAA, to any contact destination you have given OrderMyOwnLab such as by email, telephone, cellular phone, text message or similar mode.  This authorization includes leaving messages for you at such contact destinations.  You understand that there are risks presented by using the Services including Your receipt of information about your health (such as genetic or metabolic characteristics) that you may prefer not to know, and which may indicate conditions or problems that may be upsetting to you or even incurable, and you assume those risks.
15. Follow-up with Healthcare Professional or Public Health Agency. You represent and warrant that:  (a) You will contact a Healthcare Professional and/or Public Health Agency if, and in such time and manner as, You are requested to do so by OrderMyOwnLab; (b) You will never delay seeking advice from your primary care physician or other Healthcare Professional due to information provided through OrderMyOwnLab; and (c) You will seek emergency help when needed, within the recommended time frame, and continue to consult with your primary care physician as recommended by him/her or other Healthcare Professional.
16. HIPAA and Consent. You may not access any Services unless you provide appropriate HIPAA consent and authorizations by agreeing to these terms and conditions.
17. No Warranties. THE OrderMyOwnLab WEBSITE, YOUR PATIENT PORTAL AND THE SERVICES ARE ALL PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND ALL SUCH MATTERS ARE SUPPLIED “AS-IS”.
18. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OrderMyOwnLab OR ITS THIRD-PARTY AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND.  NEITHER OrderMyOwnLab, NOR ITS THIRD-PARTY AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, MANAGERS, EMPLOYEES OR AGENTS MAY BE DEEMED LIABLE FOR THE ACTIONS OR OMISSIONS OF OrderMyOwnLab’ THIRD-PARTY MEDICAL TESTING LABORATORIES, HEALTHCARE PROFESSIONALS AND SERVICE PROVIDERS, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OrderMyOwnLab AND/OR ITS THIRD-PARTY AFFILIATES ARISING FROM OR RELATING TO THE SERVICES.
19. Changes to Terms and Conditions. OrderMyOwnLab may amend this Agreement at any time. Your continued use of the Services under this Agreement following the effective date of any such amendment constitutes Your affirmative agreement to the terms of such amendment. Your sole remedy in the event that You reject an amendment is to terminate this Agreement.
20. Termination. Upon termination, Your access rights to the Services shall terminate. Termination of this Agreement is Your sole right and remedy with respect to any dispute with OrderMyOwnLab.
21. Severability. If any provision of this Agreement or the application of any such provision to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstances other than those to which it is so determined to be invalid and unenforceable, shall not be affected thereby, and each provision hereof shall be validated and shall be enforced to the fullest extent permitted by law.
22. Binding Agreement. This Agreement is between You and OrderMyOwnLab only, and may not be deemed to create any right in any third party.  This Agreement shall be binding upon each party’s respective successors, trustees, assigns and heirs.  You may not assign this Agreement or any portion of it. OrderMyOwnLab Tests may assign this Agreement with or without notice to you.
23. Refund Policy. You may cancel an order if: (1) you have not had your blood drawn and (2) the order is cancelled within 30 days of the date it was purchased; the purchase price will be refunded minus a $25 cancellation fee. 30 days after the date of purchase, no refunds will be provided. Lab orders (that have not been refunded) are valid 6 months from the date of purchase.
24. Electronic Signature Binding. Clicking the acceptance button to this Agreement, or otherwise submitting Your electronic signature, shall be deemed to have the same effect as your signature.