Conditions of Use
Last updated: July 11, 2017
Welcome to myLABbox.com, myLAB and myLAB Box (collectively referred to as “myLAB”). myLAB provides website features and other products and services to you when you visit or shop at myLABbox.com, use myLAB products or services, use myLAB applications for mobile, or use software provided by myLAB in connection with any of the foregoing (collectively, “myLAB Services”). myLAB provides the myLAB Services subject to the following conditions.
By using myLAB Services, you agree to these conditions. Please read them carefully.
We offer a wide range of myLAB Services, and sometimes additional terms may apply. When you use any myLAB Service you also will be subject to the guidelines, terms and agreements applicable to that myLAB Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, the Service Terms will control.
myLAB does not provide medical advice, diagnosis or treatment. myLAB is not licensed in any state as a physician or a clinical laboratory, but has established relationships with licensed physicians and clinical laboratories to bring you the laboratory services that you need. The contents of this Web site, such as text, graphics, images, and other material contained herein are for informational purposes only. The site 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 something you have read on this site or any other website.
If you think you may have a medical emergency, do not contact us but immediately call your doctor or 911. myLAB does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this site. Reliance on any information provided by myLAB, myLAB employees, others invited to post on this site, or other visitors to this site is solely at your own risk.
The site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an “as is” basis.
When you use any myLAB Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other myLAB Services. You agree that all agreements, notices, disclosures, lab results notifications and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
AUTHORIZATION TO RECEIVE TEST RESULTS DIRECTLY
I understand that I am authorizing and requesting that my lab results be sent to me directly and electronically. I authorize myLAB to communicate with me via e-mail with details about my order and test results. I understand that if there is an issue that cannot be resolved via-email, I authorize myLAB and myLAB-affiliated physician representatives to contact me via telephone at the phone number that I have provided. I understand that my test results will be posted to my account on the myLAB Box web site when my results are ready to view. I will receive an email notification when my results are ready and be prompted to login to a secure portal to view my results. If I receive a non-negative or positive result, I understand that it is my responsibility to see a licensed health practitioner immediately for treatment and/or retesting. to be re-tested if necessary and treated as needed. A single laboratory test or group of tests cannot guarantee good health. False positive and false negative test results are possible. I understand that test results can sometimes be inaccurate through no fault of myLAB..
PURCHASE OF MAIL-IN KITS
I understand that any mail-in kits that I purchase are intended for and will only be used for my personal use. I understand that ‘at-home’ collection is considered ‘off-label use’.
All content included in or made available through any myLAB Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of myLAB or its content suppliers. The compilation of all content included in or made available through any myLAB Service is the exclusive property of myLAB.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, myLAB or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the myLAB Services. This license does not include any resale or commercial use of any myLAB Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any myLAB Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by myLAB or its licensors, suppliers, publishers, rightsholders, or other content providers. No myLAB Service, nor any part of any myLAB Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of myLAB. You may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) of myLAB without express written consent. You may not use any meta tags or any other “hidden text” utilizing myLAB’s name without the express written consent of myLAB. You may not misuse the myLAB Services. You may use the myLAB Services only as permitted by law. The licenses granted by myLAB terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any myLAB Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. myLAB only sells products to adults who can purchase with a credit card or other permitted payment method. myLAB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content on the myLABbox.com Blog and and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin content. You may however post content using your username and not your real name, in order to protect your privacy. myLAB reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material on the myLABbox.com blog, provide a product review or testimonial, and unless you or we indicate otherwise, you grant myLAB a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant myLAB and sublicensees the right to use the name or username that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify myLAB for all claims resulting from content you supply. myLAB has the right but not the obligation to monitor and edit or remove any activity or content. myLAB takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from myLAB are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
By signing this Conditions of Use, I hereby attest that I am 18 years of age or older.
ACCURATE IDENTIFIABLE INFORMATION
By signing this Conditions of Use, I hereby attest that the information I have submitted is true and correct, including my legal name, date of birth, physical address, e-mail address, and telephone number. I attest that I will follow the instructions provided in the kits and that the specimen that I will collect and submit to the myLAB-affiliated lab is my own and has not been altered in any way.
RETURNS, REFUNDS AND TITLE
Orders for individual kits can be cancelled only prior to the shipment of the kit which usually occurs within 24 hours or less from the time of order. If the kit has been shipped, you will be charged for the cost of the kit and shipping.
For the health and safety of all of our customers, myLAB does not accept or reuse returned kits.
For any questions or concerns about your order, please contact firstname.lastname@example.org.
At our discretion, a refund may be issued without requiring a return. In this situation, myLAB does not take title to the refunded item.
myLAB attempts to be as accurate as possible. However, myLAB does not warrant that product descriptions or other content of any myLAB Service is accurate, complete, reliable, current, or error-free.
With respect to items sold by myLAB, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by myLAB is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
RELEASE OF HEALTH INFORMATION
myLAB has a relationship with Kulbersh Health Screening Services, LLC (“KHSS”) which has contracted independently with physicians licensed in every state in the United States. KHSS-affiliated physicians authorize lab requisitions for all myLAB customers. If you have a positive result, a KHSS affiliate will attempt to contact you via telephone at the phone number you provided. If they are unsuccessful they will leave a discreet voicemail and send you an email. If a telephone number is no longer in service or is incorrect, KHSS may send a letter via certified mail to the address of record provided by you.
I hereby authorize KHSS its affiliates, including its physicians, their staff, agents and designees, and the laboratories that perform services requested by or consented to by me (“KHSS Parties”) to use and disclose health information about me in the manner and for the purposes stated below.
This authorization applies to the use and disclosure of the following information about me: all information in requests(s) submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the request(s) so submitted.
For avoidance of doubt, I specifically authorize the transfer and release of this information to, between and among myself and the following individuals, organizations and their representatives: (a) myLAB Box, Inc. and its affiliates, their staff and agents; (b) KHSS and its affiliates, and their staff and agents; (c) the designated KHSS physician of record and its staff, agents and designees; (d) the applicable laboratory of record and its staff and agents; and (e) certain providers for the purposes herein, and as required or permitted by law.
The information which is the subject of this authorization will be used or disclosed for the following purposes: (a) 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)); (b) for treatment, health care operations and payment services; (c) to provide me with information and materials on treatment alternatives, health related offerings and services and products which may assist me with health, wellness and overall care or be of interest to me; and (d) to conduct statistical research studies without including my identifying information, and as required or permitted under state and federal laws. Remuneration may be received in exchange therefore. I may opt to not have my personal information disclosed for some purposes above with prior written notice to KHSS as set forth below. I understand that such opt-out may affect the services I have voluntarily elected.
This authorization evidences my informed decision to allow release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization.
Upon my written request, I may inspect or copy the information about me that I have permitted to be used or disclosed, if permitted by law. KHSS Parties may receive payment or other remuneration related to the use and disclosures herein.
I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by the federal HIPAA Privacy Rule. Neither the original disclosures by me to KHSS Parties nor any re-disclosure may be protected by the federal HIPAA Privacy Rule. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization. My written revocation must be submitted to the privacy officer at:
4611 Hardscrabble Road
Columbia, SC 29229
By acknowledging this authorization electronically, I agree to its terms and representations.
myLAB may offer, promote, sell or provide services or product lines from other parties on this site or via e-mail or other electronic communication. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. myLAB does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE myLAB SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE myLAB SERVICES ARE PROVIDED BY myLAB ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. myLAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE myLAB SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE myLAB SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE myLAB SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, myLAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. myLAB DOES NOT WARRANT THAT THE myLAB SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE myLAB SERVICES, myLAB’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM myLAB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. myLAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY myLAB SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY myLAB SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that, in the event any dispute or claim arises out of or relating to these Conditions of Use, you and myLAB will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services with a mutually agreed upon mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
By using any myLAB Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and myLAB.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of myLAB Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
myLAB Box, Inc
1905 N Wilcox Ave, Suite 214
Los Angeles, CA 90068
Additional myLAB Software Terms
- Use of the myLAB Software. You may use myLAB Software solely for purposes of enabling you to use and enjoy the myLAB Services as provided by myLAB, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the myLAB Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the myLAB Software or otherwise assign any rights to the myLAB Software in whole or in part. You may not use the myLAB Software for any illegal purpose. We may cease providing any myLAB Software and we may terminate your right to use any myLAB Software at any time. Your rights to use the myLAB Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other ServiceTerms. Additional third party terms contained within or distributed with certain myLAB Software that are specifically identified in related documentation may apply to that myLAB Software (or software incorporated with the myLAB Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any myLAB Service is the property of myLAB or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the myLAB Software, whether in whole or in part, or create any derivative works from or of the myLAB Software.
- Updates. In order to keep the myLAB Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the myLAB Software. If you are a U.S. Government end user, we are licensing the myLAB Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the myLAB Software are the same as the rights we grant to all others under these Conditions of Use.