We may modify these Terms, for any reason at any time, by posting a new version on our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with our Website in any way, your only recourse is to immediately terminate use of our Website.
1. Description of offered Services – BETA
You understand and acknowledge that the Site is being provided as a "Beta", and is made available on an "As Is" and "As Available" basis for the purpose of providing us with feedback on the quality and usability of the services. The services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back-up all data and information before using it with the Site. You assume all risks and all costs associated with your use of the service, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. In addition, we are not obligated to provide any maintenance, technical or other support for offered services.
2. We do not sell medical products
Our Website is a medical search engine. LabEspy does not provide, own or control any of the medical services and products that you can access through our Website, such as labs, kits, custom panels, or packages (the "Medical Products"). The Medical Products are owned, controlled or made available by third parties (the "Medical Providers") either directly (e.g. laboratories) or as an agent (e.g. direct lab agencies). The Medical Providers are responsible for the Medical Products. The Medical Provider’s terms and privacy policies also apply to your purchase so you must agree to, and understand those terms. Your interaction with any Medical Provider accessed through our Website is at your own risk and LabEspy does not have any responsibility should anything go wrong with your purchase or during lab test or with your results.
The display on our Website of a Medical Product or Medical Provider does not in any way imply, suggest, or constitute a recommendation by LabEspy of that Medical Product or Medical Provider, or any sponsorship or approval of LabEspy by such Medical Provider.
LabEspy hosts content, including prices, made available by or obtained from Medical Providers. LabEspy is in no way responsible for the accuracy, timeliness or completeness of such content. Since LabEspy has no control over the Medical Products and does not verify the content uploaded by the Medical Providers, it is not possible for us to guarantee the prices displayed on our Website. Prices change constantly and additional charges (e.g. payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a product is the one you expected.
3. We do not provide medical advice
The contents of the Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Site.
LabEspy does not recommend or endorse any specific laboratory tests, kits, or medical providers that may be mentioned on the Site. Reliance on any information provided by LabEspy, LabEspy employees or others is solely at your own risk.
4. Buying through LabEspy
If you make a purchase of Medical Products through our Website, that purchase is made with the Medical Provider and our Website only acts as a user interface. Accordingly LabEspy has no responsibility for the purchase or the Medical Product because LabEspy has no involvement in creating the Medical Product, in defining the price and any fees, and in providing the Medical Products that you buy. If you have any issues or disputes around your purchase and/or the Medical Product, you agree to address and resolve these with the Medical Provider and not with us.
5. Intellectual Property Information
6. Use of our Website
In order to access some of the services on this Site, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that you are of sufficient legal age and can enter into binding contracts and all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
If you decide to receive messages or other communications from our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
By using our Website you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data. In addition, you agree not to do any of the following without prior express written permission of LabEspy:
- access the Site with any manual or automated process for any purpose other than your personal use or for inclusion of LabEspy pages in a search index. Use of any automated system or software to extract data from our Website ("screen scraping"), for commercial or non-commercial purposes, is prohibited;
- violate the restrictions in any robot exclusion headers on our Website or bypass or circumvent other measures employed to prevent or limit access to our Website;
- deep-link to any portion of our Website for any purpose;
- use any device, software or routine that interferes or attempts to interfere with the normal operation of our Website or take any action that imposes an unreasonable load on our computer or network equipment;
- reproduce, duplicate, copy, sell, trade, resell or exploit our Website;
- use any feature of our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
- post or distribute any material on our Website that violates the rights of any third party or applicable law;
- use our Website to collect or store personal data about others;
- use our Website for any commercial purpose unless we've given you written permission;
- transmit any ad or promo materials on our Website;
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of our Website.
7. Conduct on our Website
Your use of our Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
8. Third Party Sites - Content and Links
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
9. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
10. Disclaimer of Warranties
All materials and services on this Site are provided on an "As Is" and "As Available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this Site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Site may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. We make no warranty regarding any transactions executed through, or in connection with this Site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this Site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
11. Limitation of Liability
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Site or of any web site referenced or linked to from this Site.
Further, we shall not be liable in any way for third party goods and services offered through this Site or for assistance in conducting commercial transactions through this Site, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
12. You Agree to Protect Us
Subject to these Terms, upon a request by us, you agree to defend, indemnify, and hold us and each of our officers, directors, employees, agents and affiliates harmless from all liabilities, claims, and expenses, loss or demand, including without limitation reasonable legal and accounting fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Arbitration and Waiver
If you intend to seek arbitration you must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be sent to email@example.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Company and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against Company in any court, or in arbitration, with respect to any claims. This section (confidential arbitration) will survive the termination of the relationship between you and Company. Any and all disputes Company or you have relating in any way to the services or your relationship with the company.
14. Participation in Promotions
From time to time, our Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on our Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. International Use
Although our Website may be accessible worldwide, we make no representation that materials on our Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with our Website is void where prohibited.
16. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
17. Entire Agreement - Requirements and Understanding
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
18. Your Questions and Feedback
We encourage you to share your comments and questions with us here, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future LabEspy products or services. Further, by submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.