These Terms of Service (this “Agreement”) are entered into by and between the user of our website and/or services (“You” or “Your”) and MLS Services, LLC (“My Lab Solution,” “us,” “we,” or “MLS”) and sets out the specific terms and conditions regarding confidential and secure laboratory testing (“Lab Testing”) and any additional or related tele health services performed by independent providers (collectively, the “Service”). The Service is made available on or through the website located at MyLabSolution.com (the “Site”) to you, a user of the Service (“you” or “User”). Your acceptance of this Agreement is required for Your use of the Service and results in your entrance into a legally binding agreement with us. By entering into the Agreement, you represent and warrant that, at the time of placing an order for a test, you are of legal age and have the required capacity to enter into a legally binding agreement. If you do not agree to these Terms of Service, you must not use the Service.
THESE TERMS OF SERVICE MUST BE READ CAREFULLY AS ACCEPTANCE WILL CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MLS, AND THIS AGREEMENT INCLUDES THE ARBITRATION CLAUSE CONTAINED HEREIN WHICH WILL EXCLUDE CERTAIN CLAIMS FROM BEING BROUGHT DIRECTLY TO COURT.
1.1
MLS will undertake all reasonable and viable efforts to carry out, or have carried out, the Service as laid down in this Agreement. The Service as offered by MLS includes Lab Testing for any one or more of the following categories:
Allergy Testing, Anemia Testing, Arthritis & Inflammation Tests, Blood Type & Blood Disorders, Cardiac Health & Cholesterol, Diabetes Testing, Drug Testing, Fertility & Pregnancy Testing, Gastrointestinal Health Tests, General Health & Wellness Tests, Heavy Metals & Toxins, Hepatitis Testing, Hormone Testing, Immunity Detection & Titer Testing, Infectious Disease Testing, Kidney & Liver Tests, Sports Testing, STD Testing, Testosterone Testing, Thyroid Tests, Vitamin & Nutritional Testing
1.2
MLS reserves the right to deny You access to or use of the Service if MLS determines or suspects the potential misuse of the Service, at the sole discretion of MLS.
1.3
Upon your order for one or more of the above-mentioned categories, in accordance with the applicable state law, an independent and licensed physician or other qualified health care professional (“Health Professional”) has the discretion to either submit or not submit a test requisition (“Order”) for the test(s) as selected. The Health Professional will be the individual with the sole discretion and responsibility in their professional medical judgment to provide you with a test.
1.4
The specimen collection will take place at a site of your choice, within our service area, either by a third-party mobile phlebotomist or at an independent clinical laboratory (“Lab”). The test will subsequently be processed at the Lab in accordance with this Agreement and the Order.
1.5
By accepting these Terms of Service, You hereby consent to have the results of your test shared with MLS. MLS will send the results to you, the Health Professional, and potentially public health authorities where applicable as described below. MLS also has the right to send you any educational information my telephone, e-mail, or any other means.
1.6
If so required by law, MLS will arrange a phone consultation with a Health Professional prior to release of the test(s) results to You. Such Health Professional consultations are available to you in the case of any positive result to any of the tests in your Order.
1.7
Any prescription provided by a Health Professional is independent from and unrelated to our Service, and we carry no responsibility for such prescription. The Health Professional has the sole discretion in providing prescriptions, which therefore are not guaranteed by a positive result of any kind, but will only be provided if it is medically appropriate and permitted by applicable state law.
1.8
DISCLAIMER: NOTHING ON THIS WEBSITE OR IN ANY COMMUNICATION WITH MLS CONSTITUTES ANY MEDICAL OR HEALTH CARE SERVICES OR MEDICAL ADVICE. THE SERVICE IS NOT IN ANY WAY DESIGNED OR INTENDED TO ADDRESS MEDICAL EMERGENCIES YOU MAY HAVE. PLEASE REFER TO YOUR OWN PHYSICIAN OR ANOTHER HEALTH PROVIDER WITH ANY ISSUES OR QUESTIONS REGARDING YOUR MEDICAL CONDITION. IF YOU THINK YOU NEED PROFESSIONAL MEDICAL CARE OR ADVISE, YOU SHOULD DELAY SEEKING THIS FOR ANY REASON CONNECTED TO YOUR USE OF THE SERVICE OR DUE TO ANY INFROMATION YOU HAVE RECEIVED IN USING THE SERVICE.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
PLEASE DO NOT RELY ON THE SERVICE FOR ANY IMMEDIATE OR URGENT MEDICAL NEEDS YOU MAY HAVE.
1.9
You acknowledge and hereby agree that MLS has the right to partner with certain Health Professionals and Labs (collectively, “Health Care Providers”) that are independent third-parties in order to coordinate providing the Service. You further authorize us to share your personal and health information with those Health Care Providers to fulfill our obligations to you under this Agreement in a safe and secure manner. MLS will ensure that Health Care Providers treat your data with respect and confidentiality. MLS further represents and warrants that the Health Care Providers retained under this Agreement are licensed in the states in which they practice provide the Service in accordance with applicable federal and state laws. Nothing in these Terms of Service constitutes a health care provider-patient relationship between You and MLS. The Service provided under this Agreement and any information provided, disclosed or received by You hereunder is independent from the services offered by your regular physician, and therefore do not automatically form part of your medical record held by this physician or another unrelated health care professional. Any information that is provided by you may become part by of an independent medical record established by a Health Care Provider. By using our Service, you acknowledge and agree that you are merely testing for the specific category you have ordered and that the Service in no way provides a complete or exhaustive picture about your medical condition.
2.1
You will provide us and your Health Provider with accurate, current, and complete information regarding your contract details and health information, including, but not limited to, information about your health conditions insofar as You are aware of those, allergies, relevant medical history, and medications. Any information You provide to MLS or the Health Provider must be kept up to date. If You fail to provide accurate or up to date information your account may be restricted, which will prevent you from receiving further services through MLS. MLS is not liable for any damage this may cause You.
2.2
Using the MLS Service requires you to execute an Informed Consent, which will be provided to You prior to testing.
2.3
If you are pregnant, please visit your physician or another health care provider and ensure you get the proper prenatal care and advise prior to using our Service.
2.4
You hereby represent, warrant, and covenant:
(I). your engagement of MLS is under your own name and you are not misrepresenting you identity or impersonating another person;
(II). your continued compliance with all applicable laws and regulations, including, but not limited to age restrictions;
(III). that you have executed, or will execute, the informed consent;
(IV). that in your use of the Service, you will not infringe upon the rights of any third party through your specimen(s) and any information, technology, supplies, specifications, designs and other materials you supply; and
(V). your intending to comply with all MLS rules and policies about your use of the Service in this Agreement and any additional rules and policies that we may publish from time to time.
2.5
If You opted to receive your test results either within your personal account or by calling in, you agree to review your results within (14) days of the date such results are made available. Failure to review your results within that timeframe, will give MLS the right to contact you by other means to deliver the results, based on contact information provided by you.
2.6
By using the unique password and PIN that You set, you can access your personal information on the Site. It is Your responsibility to keep your password and PIN safe and confidential. You will not share your password and/or PIN with any third person and you are obliged to immediately notify MLS if you have knowledge or suspicions of unauthorized use of your account. You will be responsible for any unauthorized activity under your account.
2.7
You are eligible for a refund if you cancel your order within 20 days of placing the order. MLS wil refund the full amount to the original method of payment, less a 10% cancellation fee. Orders cancelled after 30 days will not receive a refund.
If applicable law so requires, MLS will disclose certain health information to federal and/or state public health agencies and/or institutions to report, prevent, or control the spread of disease, or any form of injury or disability. You may or may not be notified of these disclosures. MLS has the right to disclosure of your information in accordance with this article without giving notice to You and without Your consent.
The Service is directed at individuals of at least 18 years of age. Minors, as the term is defined in their applicable state of residence, are able to use the Service without parental consent insofar as applicable state law allows. We take reasonable care not to collect personal information from individuals aged 13 and below. If you are not of a legal age within your state of residence to enter into these terms without parental consent, then you must not use the Service or send any personal information to MLS.
5.1
Our billing may vary from state to state and in response to constantly changing laws and regulations.
5.2
MLS accepts various forms of electronic payment from you or from a third party acting on your behalf for the Service in accordance with applicable MLS policies and this Agreement. You will provide accurate, up to date, and valid credit card or other digital payment information. All amounts are payable in U.S. dollars. You are solely responsible for taxes, duties, customs or other fees of any nature that may become applicable, with exception from taxes on MLS’s income, imposed on the Service by any federal, state, local or foreign governmental authority.
5.3
MLS may, at its sole discretion, accept, refuse, or cancel any orders placed through the Service, without any liability or having to provide justification. Only in instances where MLS cancels your order after you have made a payment, we will offer a full refund.
5.4
You cancel an order prior to visiting the Lab and within 21 days of your purchase. In such instance, MLS will issue a refund of the original payment amount less a 20% cancellation fee. No refunds will be provided after 21 days.
5.5
You may be eligible for a consultation under the Service, as described above. This consultation must be scheduled within 21 days of the delivery of the test results to you. You hereby acknowledge that if you schedule your consultation after 21 days, you may be liable for additional charges.
6.1
MLS may make changes to the Service, its business and any of its activities from time to time. MLS may therefore restrict or cancel all or part of the Service at any time and is under no obligation to create or include additional features or functionality for the Service.
6.2
MLS may change or amend these Terms of Service unilaterally and will give at least ten (10) days of advance notice to you. You may terminate this Agreement before the modified terms come into effect. If you do not terminate this Agreement within ten (10) days, you will be bound by any such modification.
7.1
Nothing on the MLS website or part of the Service constitutes any medical, health, or other professional services or advice. MLS is not a medical professional and merely brings medical professionals into contact with patients in this Service. MLS is not involved in the direct relationship between you and MLS. The diagnostic and/or laboratory testing is also not performed by MLS.
7.2
You hereby acknowledge that nothing in these Terms of Service suggests that a Health Care Provider is an employee, agent, subcontractor or joint venture of MLS and that the Health Care Provider is not providing services on behalf of or through MLS. You further acknowledge that the Health Care Provider is solely responsible for any services they offer and/or perform.
ALL SERVICES MADE AVAILABLE BY MLS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MLS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SERVICE AND OF ANY OF THE SERVICES PROVIDED BY AFFILIATED HEALTH PROVIDERS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MLS’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO MLS UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL MLS, NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSSES RESULTING FROM BUSINESS INTERRUPTION, EVEN IS SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST MLS ARISING FROM OR RELATING TO THE SERVICES PROVIDED TO YOU BY THE HEALTH CARE PROVIDERS OR ANY OTHER THIRD PARTY CONNECTED TO THE SERVICES. MLS AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES, OR AFFILIATES ARE IN NO CASE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY CONNECTED THIRD PARTY.
You will release, indemnify, and hold us, our affiliates, and our and their respective partners, members, trustees, directors, officers, employees, and licensors harmless against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees (“Liabilities”) arising out of or related to (a) breach of warranty by you contained in the Agreement; (b) your breach of this Agreement, (c) your use of the Service; (d) your breach of applicable law; (e) negligence or willful misconduct by you; (f) any injury or personal damage occurring at a Lab; (g) your use or interpretation of any test results; (h) your choice of payment method, and (i) any notices or information sent to your contact address. We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with MLS with respect to such defense and settlement.
MLS reserves the right to exercise any right or remedy under this Agreement and any other right or remedy it may have, now or hereafter existing, at law, in equity or under statute. We further reserve the right to block you from using the Site and our Service. MLS’s remedies shall be cumulative, and any exercise or enforcement of any right will not limit or preclude the availability of another remedy or exercise.
11.1
To the extent permitted by applicable law, you agree to give up your rights to participate in a class action or representative action with respect to any claim or controversy arising out of or relating to the Site, the Service or MLS.
11.2
MLS will attempt to resolve disputes with you amongst ourselves. However, if a matter requires so, it shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof.
11.3
The arbitration shall be held in the State of Texas unless the parties mutually agree to have the arbitration held elsewhere, and judgment upon the award made therein may be entered by any court having jurisdiction in the State of Texas. The arbitrator shall have the authority to grant any remedies that would be available in any judicial proceeding instituted to resolve any claim hereunder. Any such arbitration will be conducted before a single arbitrator who shall be chosen by agreement of the parties, or, if the parties cannot agree, in accordance with the rules of the AAA. Any award of the arbitrator(s) will be final and binding on each of the parties. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
11.4
You hereby agree that arbitration shall not apply to intellectual property claims.
12.1
MLS retains all rights, title, interest and powers that accrue to it with regard to the intellectual property in its software, processes, methodologies, documents and other materials used on the Site or in connection with the Services, and all patent, copyright, trademark, and other rights of any nature arising from or relating in any way thereto (“Intellectual Property Rights”). You may not reproduce, published, transmit, distribute, display, modify, or exploit, in any way, any of the imagery or design used on the website or in any other part of the Service.
12.2
Any comments, feedback, suggestions, ideas, or other submissions (collectively, “Feedback”) you provide to us (directly or indirectly, and by any means, this will become the sole property of MLS. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. MLS is and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
13.1
The term of this Agreement (“Term”) will commence upon your acceptance and shall continue indefinitely until the Service is completed. Either MLS or you may terminate this Agreement upon written notice at any time, with or without cause. MLS shall not be liable in any way to you or any third party when you terminate this Agreement, for any reason.
13.2
Upon termination, your account registration information will be deactivated. Please note, however, that information you enter or accept into your MLS account is backed up and saved on a server and as such, we cannot guarantee that information that has been deleted from your account will not be available elsewhere. Following termination, MLS may continue to use your information as outlined in our Privacy Policy, and all sections which by their nature survive termination of this Agreement shall survive.
14.1
By accepting this Agreement, You consent to the use and disclosure of Your personally identifiable information, which includes health information, which you provide to us or which is developed in the performance of our obligation under these Terms of Service, as you will find outlined in our Privacy Policy.
14.2
Our Privacy Policy expressly forms part of this Agreement, and is hereby incorporated herein by reference. You hereby consent to the receipt of the notice given by MLS regarding the privacy practices from MLS as well as the Health Care Providers performing all or aspects of the Service.
This Agreement, together with the Privacy Policy, constitutes the entire agreement of the parties (you and MLS) with respect to the subject matter hereof, and supersedes any and all other prior written or oral agreements between the parties regarding such subject matter.
If any provision of this Agreement is prohibited or unenforceable in any jurisdiction, then the provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of the Agreement.
The failure to enforce any provision of this Agreement will not constitute a waiver nor be construed as such. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver of any provision of this Agreement constitute a continuing waiver unless expressly provided otherwise
Headings included in this Agreement are for reference purposes only and shall not affect in any the meaning or interpretation of this Agreement.
You hereby acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by you. Having acknowledged the foregoing, you agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter the agreement shall have no application to the terms and conditions of this Agreement.
This Agreement and all disputes or other matters arising therefrom shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the principles of conflict of laws.
This Agreement is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder.
MLS may assign this Agreement and/or its rights and/or obligations under this Agreement (in whole or in part) without restriction and without notice to you. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
If MLS is prevented from performing any of its obligations hereunder due to any cause which is beyond MLS’s reasonable control, including fire, explosion, flood, or other acts of God; acts regulations, or laws of any government; war or civil commotion; strike, lock-out or labor disturbances; or failure of public utilities or common carriers (a “Force Majeure Event”), MLS shall not be liable for breach of this Agreement with respect to such non-performance to the extent any such non-performance is due to a Force Majeure Event. Non-performance will be excused for three months or for as long as such event shall be continuing. MLS shall exercise all reasonable efforts to eliminate and mitigate the Force Majeure Event and to resume performance of its affected obligations.
24.1
By using our COVID-19 testing Service, you agree to and acknowledge the specific terms in this section.
24.2
You agree and acknowledge that if you have any symptoms of COVID-19, you will notify your own health care provider. In case of an emergency, please proceed to the nearest hospital emergency department or call 911.
24.3
You understand that any request you issue for a SARS CoV-2 IgG Antibody (COVID-19) test is used solely to determine whether there are antibodies present in your body at the time of testing, indicating a possible exposure to COVID-19 (in the past). If MLS notifies you that you have tested positive for these antibodies, we will explain the meaning of this result in writing, and you will receive post-test counselling within 24 hours of notification. A positive test antibody test result does not indicate immunity for COVID-19, nor does it indicate that you are not currently infected and contagious with COVID-19. You acknowledge that you are aware that testing the presence of antibodies is not used to diagnose or evidence a current COVID-19 infection.
24.4
A positive test result, a false positive test result, a negative test result, and false negative test result all still mean you can nevertheless become infected with COVID-19 or transmit it to others and thereby infect others.
24.5
You understand and acknowledge that even if you do not show or feel any symptoms of COVID-19, you can still be infected and transmit COVID-19 to others.
24.6
You acknowledge that you are aware that the MLS SARS CoV-2 Antibody (COVID-19) test is solely applicable to IgG antibodies and not the IgM antibodies, although other service providers may offer IgM antibody tests.
24.7
You understand and acknowledge that your test could provide negative results, even when you have had exposure to COVID-19, or contrarily, you could test positive when you have not been exposed to COVID-19.
24.8
This test may or may not be covered by your health insurance or any relevant government program. You will be solely responsible for any filings for reimbursement of fees.
24.9
Finally, you understand that COVID-19 antibody testing is still a novel method which is conducted with the knowledge as is and as available. Future research may indicate that there is no immunity after a COVID-19 infection, and further discoveries may also contradict what we know today.
All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed duly given electronically and will therefore satisfy any legal requirement that such communications be in writing.
Please contact us regarding any issues or problems you may have through either of these methods:
For Customer Service inquiries: 1-866-693-5933 Email: customerservice@mylabsolution.com
