Terms Of Use

Last updated February 4th, 2025

THIS SITE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. YOU AGREE THAT YOU WILL SEEK CARE ELSEWHERE OR DIAL 911 IN THE EVENT OF A MEDICAL EMERGENCY.

NOTICE OF ARBITRATION PROVISIONS:

YOUR USE OF THE LF SERVICE IS SUBJECT TO BINDING BI-LATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW AND IN THESE TERMS OF USE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

These Terms of Use (“Agreement”) govern your access to and use of LABFINDER, LLC’s services, including our website (www.LabFinder.com), mobile applications, and software services (collectively, the “LF Services”). LABFINDER, LLC, together with its subsidiaries and affiliates, is referred to as “LABFINDER” in this Agreement. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and that both you and the entity will be bound by these Terms of Use and liable for any breaches thereof.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE ANY PORTION OF THE LF SERVICE. THIS AGREEMENT  WHICH INCORPORATES THE INTRODUCTORY PARAGRAPHS BELOW AND LABFINDER’S PRIVACY POLICY, COOKIE POLICY, AND ANY OTHER POLICIES AVAILABLE ON THE WEBSITE (COLLECTIVELLY, THE “TERMS”) / BY REFERENCE, IS BINDING UPON ALL USERS AND SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH USERS AGREE TO USE THE LF SERVICE.

These Terms of Use set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully accept to be legally bound by these Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE, AND PROMPTLY EXIT THE SERVICES.

IMPORTANT NOTE: THIS AGREEMENT IS UPDATED OFTEN. USERS SHALL MAKE A HABIT OF REVIEWING THIS AGREEMENT FROM TIME TO TIME TO STAY ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF THE USER’S ACCOUNT AND/OR THE LF SERVICE. REPORTS OF ACTIVITY IN VIOLATION OF THIS AGREEMENT MAY BE SENT VIA E-MAIL TO customersupport@labfinder.com.

BY ACCESSING, VIEWING, AND USING THIS LF SERVICE OR LABFINDER’S WEBSITE, OR SUBMITTING ANY INFORMATION TO LABFINDER, THE USER HEREBY INDICATES THE USER’S ACCEPTANCE OF, AND AGREES TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE USER DOES NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, THE USER SHALL NOT/NO LONGER USE THE LF SERVICE, AND SHALL BE PROHIBITED FROM USING THE LF SERVICE. WITHOUT LIMITING THE PROVISIONS BELOW, USERS FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD LABFINDER HARMLESS FROM AND AGAINST ALL LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING ATTORNEYS’ FEES), RESULTING FROM ANY VIOLATION BY USERS OF THIS AGREEMENT. USERS ACCEPT THIS AGREEMENT (AS MAY BE AMENDED IN LABFINDER’S SOLE DISCRETION) EACH TIME THEY ACCESS THIS WEBSITE AND LF SERVICE. IF A USER IS UNDER 18 YEARS OF AGE, USER REPRESENTS AND AGREES THAT IT POSSESSES THE LEGAL CONSENT OF HIS/HER PARENT OR GUARDIAN TO ACCESS AND USE THE LF SERVICE. THE LF SERVICE AND WEBSITE IS REVOCABLY LICENSED FOR USE ONLY AND NOT SOLD. THE “LF SERVICE” INCLUDES ANY MOBILE DEVICE APPLICATIONS (“APPS”) NOW OR HEREAFTER EXISTING. TERMS AND CONDITIONS. 

  • Certain Definitions

For the purposes of the Terms: 

  • Guest User(s): any individual or entity who accesses the LF Services without creating an account.
  • LabFinder (LF): in addition to the definition provided above, LabFinder includes its subsidiaries, affiliates, managers, employees, and agents.
  • LF Services: in addition to the definition provided above, LF Services includes LabFinder’s appointment scheduling, administrative features, and marketing tools, designed to facilitate communication between healthcare providers and patients.
  • Lab Services: means the clinical laboratory and diagnostic imaging services provided by Lab Users, including but not limited to tests, procedures, and related healthcare services. Lab Services are distinct from LF Services and are performed solely by Lab Users.
  • Lab User(s): means any individual or entity providing clinical laboratory or diagnostic imaging services listed on the LF Services.
  • Registered User(s): means any individual who creates an account to access and use the LF Services.
  • User(s): means any individual or entity accessing the LF Services, including Registered Users, Guest Users, and Lab Users.
  1. Use of Services
  • Scope of LF Services
      • Through the LF Service, LabFinder provides a variety of features and functionality and associated administrative services to Registered Users and certain third party persons or entities engaged in Lab Services, as well as to Lab Users as further described on the LF Service itself and in other materials LabFinder may provide to Users from time to time. Features and functions of the LF Service may include, but are not limited to, appointment scheduling services, hosting User Content (as defined below) and information, and providing marketing opportunities for Lab Users and their Lab Services on the LF Service. LabFinder, in LabFinder’s sole and absolute discretion, may also provide reasonable assistance with communications between Registered Users and Lab Users. Further, by providing the names and contact information of one or more physicians via the Services, Registered Users expressly authorizes LabFinder to notify such physicians using the contact information provided by the User, that the User is a Registered User. LF Services features and functionality offered to a User shall differ depending on whether such User is a Registered User, Lab User, or Guest User.
      • We take certain limited steps to confirm the active license/permit status of those Lab Users who apply to license and use the App functionality as a participating subscriber. The Lab Users connected through our App enter into contracts with us, and may pay us a fee in order to be marketed through or to use the App. We provide the opportunity for them to enter into an agreement to be listed on and use our App based on their willingness to enter into a contract with us and such criteria as we may establish from time to time, including, but not limited to, geographic location. We strive to be available to all Lab Users but cannot control third parties’ willingness to contract with us or our then-current ability to service a particular geographic market and/or health care payor type (private and/or governmental). We may also terminate a Lab User’s participation pursuant to our terms, conditions, policies, or other agreements with the Lab User, including, without limitation, for reasons of a Lab User’s violation of such agreements. 
    • Scope of Lab Services: Lab Services, provided solely by Lab Users, include clinical laboratory tests and diagnostic imaging services such as radiology. LabFinder is not responsible for the delivery, quality, or results of these services. Lab Users operate independently and are governed by their own agreements, licenses, and professional standards. LabFinder does not supervise, endorse, or assume liability for Lab Services. Registered Users retain full discretion to engage—or not engage—in any  business activities with one another, entirely at their own risk and responsibility, subject to the Restrictive Covenants set forth below. LabFinder in no way encourages, recommends, endorses or assumes any liability for any acts or omissions of any Users, Lab Users or Lab Services.
    • User Responsibilities:
      • You are responsible for maintaining accurate information in your account and updating it as needed.
      • You must use the LF Services lawfully and refrain from prohibited activities such as unauthorized access, security breaches, or transmitting harmful content.
  • Limitations of Use:

Users may not:

  • Use the LF Services to transmit or distribute spam, unsolicited messages, or phishing attempts.
  • Share, upload, or distribute any content that is obscene, defamatory, offensive, or violates third-party rights.
  • Access the LF Services in a manner intended to overload, disrupt, or damage the platform’s systems or infrastructure.
  • Harvest or collect personal data from other Users without their consent.
  • Use the LF Services for any unlawful activities, including but not limited to fraud, intellectual property infringement, or privacy violations.
  • Attempt to gain unauthorized access to any part of the LF Services, including accounts, systems, or networks connected to the LF Services.
  • Circumvent, disable, or otherwise interfere with security-related features of the LF Services.
  • Distribute copyrighted materials without proper authorization.
  • Violate the intellectual property rights of LabFinder or any third party.
  • Engage in activities that compromise the security or functionality of the LF Services.
  • Attempt to reverse-engineer or interfere with LF Services.
  • Use LF Services to spread viruses or engage in unauthorized activities. 

Users are required to comply with all applicable laws and regulations while using the LF Services. Any violations may result in account suspension or termination.

  • Additional Responsibilities for Registered Users:
    • To register for the LF Services, you must provide accurate, complete, and current contact and payment information during the registration process. This includes but is not limited to a valid email address, billing details, and any additional identification information requested by LabFinder to authenticate your account.
    • LabFinder reserves the right to refuse or cancel any registration at its sole discretion, including but not limited to situations where the provided information is incomplete, inaccurate, or fraudulent. Registered Users are responsible for ensuring their account information remains accurate and up to date throughout their use of the LF Services.
    • Registered Users are solely responsible for payments to Lab Users and consulting their own physicians for interpretation of lab results. This includes ensuring they fully understand the implications of any diagnostic or laboratory data shared via the LF Services.
    • LabFinder is not liable for errors caused by associating lab results with incorrect accounts or email addresses. Registered Users must ensure their account information is accurate and up to date to avoid such issues.
    • It is the responsibility of Registered Users to manage their appointments, including cancellations or rescheduling, directly with the Lab Users. LabFinder is not responsible for missed or delayed appointments.
    • Registered Users are required to verify their health insurance coverage and the financial implications of the services they use, as LabFinder does not guarantee coverage or reimbursement for any services facilitated through the platform.
    • In cases where Registered Users share or delegate account access (e.g., for dependents), they remain fully liable for all activities conducted through their accounts.
    • By registering, you acknowledge and agree to abide by these Terms and ensure that your use of the LF Services complies with all applicable laws and regulations.
  1. Fees and Payment Terms; Refunds and Cancellation Policy
    • Fees and Payments
      • Fees for the LF Services may be billed on a monthly subscription basis and/or one-time payment basis in advance and are strictly non-refundable, regardless of usage. This includes instances of account termination by the User or LabFinder. The first payment and all subsequent payments of monthly charges shall be billed one month in advance, and all payments are due immediately and will be applied to Registered Users’ credit card provided to LabFinder during the registration process. Registered Users agree to such recurring monthly charge. Registered Users hereby acknowledge and agree that this LF Service may be offered solely on an on-going subscription basis and may be cancelled automatically for non-payment. Should the Registered User’s subscription expire, the Registered User’s use of the LF Service shall automatically terminate. Upon termination of this Agreement for any reason, Registered Users shall immediately pay LabFinder all fees due prior to the termination date. LabFinder shall not be obligated to refund any fees paid by Registered Users for any reason whatsoever, except where explicitly required by applicable law. In the event legal action is necessary to collect on balances due, Registered Users agree to reimburse LabFinder for all expenses incurred to recover sums due, including collection costs, attorneys’ fees and other legal and collection agency expenses. Registered Users are responsible for purchase of, and payment of charges for, Internet access services and telecommunications services needed for use of the LF Service.
      • For purposes of identification, billing and marketing, Registered Users shall provide accurate, complete, and updated information to register for use of the LF Service, including their email address and applicable payment data (for example, a credit card number, billing address, and expiration date). LabFinder may use third party payment processors for the purpose of obtaining payment and Registered Users hereby grant LabFinder the right to provide all applicable Registered Users’ information to such third party payment processors, subject to applicable data protection laws and LabFinder’s Privacy Policy. Users acknowledge that such third-party payment processors may have their own terms of service and privacy policies, and agree to be bound by such terms.
      • Registered Users hereby agree that LabFinder may contact Users via email regarding this Agreement and the LF Service.
      • Registered Users are solely responsible for all activities, actions, or misuse that occur under the Registered Users’ account and/or password, even if a friend, family member, guest, or employee committed the inappropriate activity. Therefore, Registered Users shall take all steps necessary to ensure that others do not gain access to the Registered Users’ account and/or password. In addition, Registered Users may not use their account to breach security of another account or attempt to gain unauthorized access to another network or server. Registered Users shall adopt adequate security measures to prevent or minimize unauthorized use of their account. Registered Users shall immediately notify LabFinder upon becoming aware of any breach of security or unauthorized use of their account and/or password. LabFinder shall cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
      • All payments must be made in full without any deductions, set-offs, or counterclaims. LabFinder reserves the right to suspend or terminate access to the LF Services for any User who fails to make timely payments.
      • LabFinder may adjust subscription fees at its discretion by providing advance notice to Users through email or other communication methods specified in the Terms. Any changes to fees will take effect in the next billing cycle unless otherwise specified.
      • Users agree to provide accurate and up-to-date payment information, including credit card details or other authorized payment methods. By submitting payment information, Users authorize LabFinder to charge the specified payment method for the applicable subscription fees and any additional charges incurred in connection with the use of the LF Services.
      • Users acknowledge that they are responsible for all taxes, including sales, use, value-added, and other similar charges, associated with the LF Services. These taxes will be added to the subscription fees where applicable, as required by law.
  • Refund and Cancellation Policies:
    • Users may terminate their accounts through the cancellation mechanisms provided on the LF Services platform. Upon termination, Users will no longer have access to the LF Services, and any fees paid prior to termination are non-refundable.
  • In the event of cancellation by LabFinder due to a breach of these Terms by the User, no refunds will be provided. LabFinder reserves the right to deny refunds for partial use of services or unutilized account features. Additionally, cancellation requests must be submitted in accordance with the procedures outlined on the platform to ensure proper processing.
  • If termination is due to technical issues caused by LabFinder, Users may request a review of the cancellation terms. LabFinder will assess claims on a case-by-case basis to determine whether adjustments, credits, or refunds are warranted.
  • Representations, Warranties, and Disclaimers
  • User Representations, Warranties, and Covenants:
    • Users represent, warrant, and covenant that throughout the term of this Agreement:
      • Users own or have obtained the necessary licenses, rights, consents, and permissions to use and authorize LabFinder to use all intellectual property rights in User Content (defined below) to enable the inclusion and use of User Content in the manner contemplated by this Agreement.
      • All information Users provide to LabFinder is true, accurate, and complete at all times.
      • Users have all legal rights necessary to use any credit cards or other payment methods utilized in relation to this Agreement and their use of the LF Services.
      • Users own all User Content and/or have the right to use and grant LabFinder the licenses set forth in this Agreement.
      • The execution and delivery of this Agreement will not breach any other agreement to which the User is bound or constitute a default under it.
      • Users are duly authorized to enter into and bind themselves to the terms and conditions of this Agreement.
      • Users will not upload, post, transmit, distribute, or otherwise publish through the LF Services any materials or User Content which: 
  • Restrict or inhibit other Users from enjoying the LF Services;
  • Are unlawful, threatening, abusive, defamatory, obscene, pornographic, or otherwise objectionable;
  • Encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate applicable laws;
  • Violate, plagiarize, or infringe on third-party rights, including intellectual property rights;
  • Contain harmful components like viruses or malware;
  • Include unsolicited or unauthorized advertisements, spam, or solicitations; or
  • Contain false or misleading information.
  • Registered User Representations, Warranties, and Covenants:

In addition to the above User Representation and Warranties, the following additional terms apply to Registered Users:

  • Registered Users are at least eighteen (18) years old.
  • Registered Users will comply with all applicable laws and regulations while using the LF Services.
  • Each Registered User account is associated with a single email address, and all lab results or communications will be sent to this address.
  • Registered Users will: (i) promptly review lab results; (ii) notify the applicable Lab Users of questions or concerns; and/or (iii) iscuss results with appropriate physicians or Lab Users as needed.
  • Registered Users will immediately inform LabFinder if they no longer comply with any representations, warranties, or covenants outlined in this Agreement.
  • Ownership and Confidentiality
  • Intellectual Property:
      • LabFinder retains exclusive ownership of all LF Services’ content and intellectual property, including but not limited to software, designs, trademarks, and written materials. This includes, but is not limited to, proprietary technology, processes, algorithms, and any content made available through the LF Services (“LF Content”). The term “LF Content” encompasses all materials provided or created by LabFinder, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, and artwork.
      • Users are granted a limited, non-exclusive, non-transferable license to use the LF Services and LF Content solely for their intended purpose as outlined in this Agreement.
      • Users may not copy, modify, reproduce, reverse-engineer, distribute, sublicense, or create derivative works based on any component of the LF Services or LF Content without LabFinder’s prior written consent.
      • LabFinder reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking damages and injunctive relief against violations, misuse, or unauthorized access to the LF Content.
      • LabFinder retains exclusive ownership of all LF Services’ content and intellectual property, including but not limited to software, designs, trademarks, and written materials. This ownership extends to all enhancements, updates, or derivative works created by LabFinder or its affiliates.
      • Users are granted a limited, non-exclusive, non-transferable license to use the LF Services solely for their intended purpose as outlined in this Agreement.
      • Users may not copy, reverse-engineer, distribute, sublicense, or create derivative works based on any component of the LF Services without LabFinder’s prior written consent.
      • LabFinder reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking damages and injunctive relief against violations.
  • Confidential Information:
    • “Confidential Information” shall mean all non-public information of LabFinder, that, whether or not labeled “Confidential,” relates to its/their business, including, but not limited to, User Content, advertising/promotional material, customer lists, files (both physical and virtual), books, logs, charts, flow charts, algorithms, records, studies, reports, schedules, plans (including technical, business, financial, customer, and product development plans), strategies, ideas, inventions (whether patentable or not), trade secrets, copyrights, patents, all intellectual property of every kind and nature, and any protected health information (PHI) governed by HIPAA, that is furnished or disclosed by one party to the other, regardless of the means or location of disclosure.
    • Users agree to maintain the confidentiality of such information and not disclose it to third parties without LabFinder’s explicit written consent. Users further agree to comply with all applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), in handling any PHI shared through the LF Services.
    • Upon termination of this Agreement, Users must return or destroy all materials containing Confidential Information in their possession, unless retention is required by law.
    • The obligation to protect Confidential Information survives termination of this Agreement and remains in effect indefinitely.

By using the LF Services, Users agree to respect LabFinder’s ownership rights and uphold their confidentiality obligations as outlined above.

  • Mobile Terms of Service

LF Services may include mobile message service, including LabFinder’s SMS/text message service (collectively, the “Mobile Service”) operated by LabFinder. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to LabFinder’s Mobile Terms, you agree to receive recurring SMS/text messages from and on behalf of LabFinder through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent to you using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You acknowledge and understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with LabFinder. Your participation in Mobile Service is completely voluntary. However, please note that by withdrawing your consent, some of the functions provided by the Services may no longer be available to you. Keep in mind that if you stop receiving SMS/text messages from us, you may not receive important and helpful information and/or reminders about your use of the Services.

We do not charge for the Mobile Service, but you are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. 

You may opt-out of the Mobile Service at any time by texting the single keyword command STOP or clicking on an unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. You understand and agree that our text-message platform may not recognize or respond to unsubscribe or STOP requests that alter, change, or modify the keyword commands specified in this Section, such as the use of different spellings or the addition of other words or phrases to the command and you hereby agree that LabFinder and its services providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. For support regarding the Mobile Service, text “HELP” to the number you received messages from or email us at customersupport@labfinder.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us at the address provided below. 

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Florida Residents: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Mobile Service, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Mobile Service is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

  • Arbitration and Dispute Resolution

This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules.

BINDING ARBITRATION OF ALL DISPUTES

  • We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with LabFinder; (iii) any data or information you may provide to LabFinder or that LabFinder may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “LabFinder Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other LabFinder LabFinder Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of LabFinder’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.
  • We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against LabFinder, and any claim that LabFinder may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any LabFinder Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (the “Applicable Rules”). The most recent version of the AAA rules is available at www.adr.org and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.
  • To promote efficient handling of arbitration claims, if twenty-five (25) or more substantially similar claims are filed against LabFinder within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and LabFinder, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.
  • You further agree that:
    • the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and LabFinder (the “Arbitrator”);
    • the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Use and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable; 
    • Arbitration proceedings will be held in New York City, New York, or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and LabFinder submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
    • the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
    • the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
    • if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; 
    • LabFinder may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after LabFinder has given notice of such modifications and only on a prospective basis for claims arising from LabFinder Transactions and Relationships occurring after the effective date of such notification; and
    • nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 
  • Additional Terms Digital Millennium Copyright Act Infringement Claims:

LabFinder respects the rights of all copyright holders and in this regard, LabFinder has adopted and implemented a policy that provides for the termination of the right to use the LF Service, in appropriate circumstances, for Users who infringe the rights of copyright holders. If a User believes that User’s materials have been copied in a way that constitutes copyright infringement, please provide LabFinder’s copyright agent a notice of possible infringement required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, as follows: The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LabFinder to locate the material on the Services; (iv) the name, address, telephone number, and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.. LabFinder’s copyright agent for notice of claims of copyright infringement on or regarding the LF Service can be reached as follows: Attn: Copyright Agent, LabFinder, 845 Third Avenue, New York, NY 10022

LabFinder’s copyright agent for notices of claims can be reached as follows:

Attn: Copyright Agent
LabFinder
845 Third Avenue
New York, NY 10022

LabFinder reserves the right to remove any infringing content and terminate access to the LF Services for repeat infringers.

  • Links to Third-Party Sites:

LabFinder may include links to external websites or resources for the convenience of Users. These links do not imply any endorsement or approval by LabFinder of the content, products, or services offered by such third parties. LabFinder does not control these third-party sites and is not responsible for their availability, accuracy, or reliability. Users access these links at their own risk and are encouraged to review the terms and privacy policies of any third-party websites. Additionally, LabFinder is not liable for any loss or damage resulting from Users’ interactions with third-party websites, including but not limited to transactions, data breaches, or inaccuracies in third-party information. Users must exercise caution and diligence when interacting with external sites.

  • Third-Party Content:

The LF Services may feature content, advertisements, or offers from third parties. LabFinder does not verify or guarantee the accuracy, completeness, or quality of such content. Users agree that LabFinder is not liable for any damages or losses incurred as a result of interactions with third-party content or services accessed through the LF Services. This includes reliance on any third-party advice, products, or services promoted via the LF Services. LabFinder reserves the right to remove or restrict access to third-party content that violates these Terms or any applicable law. Users acknowledge that their interactions with third-party content are solely at their own discretion and risk.

  • Advertising Restrictions:

Users are prohibited from using LabFinder’s name, logos, trademarks, or branding in any manner that could imply endorsement, sponsorship, or affiliation without LabFinder’s explicit written consent. This includes, but is not limited to, advertisements, promotional materials, or any public-facing content. Unauthorized use of LabFinder’s intellectual property will be subject to legal action to protect its brand integrity. LabFinder also prohibits Users from creating derivative works, modifying, or repurposing LabFinder’s intellectual property for commercial gain. Violations will result in immediate suspension of access to the LF Services and potential legal proceedings.

  • General Disclaimers:
  • Registered Users hereby acknowledge and agree that: (i) in order to provide the LF Service, LabFinder may make certain Registered User information available to third parties, including, without limitation, to  Lab Users. Please visit our Privacy Policy for more information, including the purposes for which we share certain Registered User information; (ii) LabFinder may solicit feedback from Users and may make such feedback available (at LabFinder’s sole and absolute discretion) to other Users and/or the public by posting such information on the LF Service. By providing LabFinder with any feedback, a User expressly acknowledges and agrees that LabFinder shall own all intellectual property rights of every kind and nature in such feedback, shall not have any liability for such use or editing of such feedback and Users shall indemnify, defend, and hold LabFinder harmless from, and hereby release LabFinder from, all claims, damages, expenses, or costs relating to such feedback provided by the User; and (iii) LabFinder does not provide any advice of any kind or nature, whether clinical, medical, financial, or otherwise. Any information User may receive through User’s use of the LF Service or from LabFinder is for informational, educational, scheduling, and payment purposes only. Without limiting the generality of the foregoing, LabFinder does not provide any medical or other professional advice, and LabFinder shall not actively review any reports, communications, or any other information of any kind or nature (including, but not limited to, lab results, radiological results, or any other type or report or result, regardless of the reason) exchanged by Users with other Users including Lab Users and physicians, and shall not assume the direct care of any Registered User.
  • User’s use of the LF Service is solely at User’s own risk. Nothing stated or provided on the LF Service is intended to be, and shall not be taken to be, the practice of any profession or any healthcare, including but not limited such healthcare that may require a license, permit, or other applicable approval from a federal, state, or local jurisdiction. LabFinder is not responsible or liable for Lab Users’ changing their fees.
  • The parties hereby acknowledge and agree that LabFinder is not responsible for: (i) the accuracy, reliability, timeliness, or completeness of any data or information provided or received through the LF Service; (ii) the results that may be obtained from the use of the LF Service; (iii) the provision of Lab Services as a result of Lab User’s reliance on any Registered User information or other data provided through the LF Service; or (d) the cancelling or rescheduling of any appointment booked through the LF Service.
  • LabFinder is not responsible for any services Lab Users provide to other Users or any obligations of Registered Users to Lab Users. LabFinder does not recommend or endorse any specific tests, labs, Lab Users or any other individual, organization, or entity, whether or not listed or accessible through the LF Service, or any other information Users may obtain through User’s use of the LF Service. If User relies on any such information provided through User’s use of the LF Service, User hereby acknowledges and agrees that the User does so solely at User’s own risk.
  • User hereby acknowledges and agrees that LabFinder is not responsible for any User Content, results returned to User by Lab Users, and/or any third party content on the LF Service or accessed through the LF Service including, but not limited to, reports from any Lab Users, lab results, abnormal lab results or values in such lab results, reporting or sending lab results or notifications of abnormal results to Users. Users are solely responsible for sending, receiving and reviewing lab results and discussing lab results (or notifying the other party of lab results) with the appropriate Lab User and/or the appropriate physician.
  • The LF Service is not intended as a substitute for, nor does it replace, professional advice, diagnosis, or treatment of any kind or nature, including but not limited to those that may be provided by a physician or other healthcare professional. User shall not disregard, avoid or delay obtaining medical or other healthcare advice from a qualified healthcare provider because of User’s use of, or something User may have read on, the LF Service.
  • User shall not use the LF Service for emergency medical needs. If User experiences a medical emergency, User shall immediately call 911.
  • Registered Users’ use of the LF Service shall continue until the earlier of such time as:
    • Registered Users provide LabFinder with notice that Registered Users desire to discontinue Registered Users use of the LF Service through any account cancellation mechanism then made available;
    • The LF Service is terminated or canceled by LabFinder which LabFinder may do at any time and for any reason including, but not limited to, ceasing to offer the LF Service or a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes LabFinder to believe that this Agreement or the LF Service may be in conflict with such rules, regulations, or orders.
    • Registered Users provide LabFinder with notice that Registered Users desire to discontinue Registered Users use of the LF Service through any account cancellation mechanism then made available.
  • LAB FINDER IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF USER LOG-IN CREDENTIALS, E-MAIL OR ACCOUNT.
  • LabFinder reserves the right to change, modify, add, or remove any portion of this Agreement or any portion of the LF Service, in whole or in part, without notice, at any time in LabFinder’s sole and absolute discretion. It is important for the User to refer to this Agreement and the LF Service from time to time to make sure that User is aware of any additions, revisions, or modifications that LabFinder may have made to this Agreement or the LF Service. Any such additions, revisions, or modifications is effective immediately upon either a posting an updated version of this Agreement on the LF Service home page. If any modification to this Agreement is unacceptable to the User, the User may terminate User’s use of the LF Service, subject to any written agreement with such User. However, if the User does not terminate User’s use of the LF Service, or continues to use the LF Service following modification to this Agreement, User’s continued use shall mean that User has accepted that modification.
  • User hereby acknowledges and agrees that temporary interruptions of the Service may occur as normal events. User further acknowledges and agrees that LabFinder has no control over third party networks User may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of LabFinder.
  • LabFinder does not represent or warrant that every action Registered Users and Lab Users take with regard to their accounts and related activities on the LF Service shall be lawful in any particular jurisdiction. Users are solely responsible for ensuring their use of the LF Service complies with all applicable local, state, federal, and international laws, regulations, and standards. Users shall indemnify and hold LabFinder harmless from any claims arising from their non-compliance with applicable laws. It is incumbent upon all Users to know the laws that pertain to User in User’s jurisdiction and act lawfully at all times when using the Service.
  • LabFinder may engage third party subcontractors and service providers in providing some or all of the LF Service. User acknowledges and agrees that LabFinder may share User data with such third parties as necessary to provide the Services, subject to applicable data protection laws and LabFinder’s Privacy Policy. such as using them for limited retention of Registered User’s personal health information, data security, LF Service backup, purging of data, keeping Registered User’s diagnostic information in one place. An agent of a Lab User or other third party may make a “home visit” whereby such third party will visit the Registered User’s home and provide certain mutually agreed services (e.g. phlebotomy services). LabFinder is not responsible or liable for the acts or omissions of any such third party service providers. LabFinder has made reasonable efforts to comply with LabFinder’s Health Insurance Portability and Accountability Act (“HIPPA”) obligations (if any, and to the extent it is bound by HIPAA) including, but not limited to, entering into Business Associate Agreements between LabFinder and any other person or entity where there might be a transfer of protected health information. LabFinder is not responsible for, or liable for, the HIPAA compliance of LabFinder’s subcontractors and third party service providers including Lab Users. All such third party subcontractors and service providers are independent contracting parties or third parties unaffiliated with LabFinder and nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee, partnership, joint venture or any agency relationship or authority between LabFinder and such third party subcontractors or services providers. LabFinder is not responsible or liable for the acts or omissions of any third party subcontractors or service providers. LabFinder may change the third party subcontractors and service providers LabFinder uses to provide the LF Service at any time in LabFinder’s sole and absolute discretion and without providing notice to Users.
  • Disclaimer of Warranties
  • While LabFinder uses reasonable efforts to include up-to-date information on the Services, LabFinder makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
  • LABFINDER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LABFINDER, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “LABFINDER PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LABFINDER DOES NOT WARRANT THAT THE SERVICES OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES AND SERVICE IS SOLELY AT YOUR RISK.
  • EXCLUSION OF DAMAGES: NONE OF THE LABFINDER PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF LABFINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES, INJURY OR DEATH ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE LABFINDER PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, LabFinder WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH REGISTRATION, ACCOUNTS AND PASSWORDS LANGUAGE OF THIS AGREEMENT OR OF THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES OR OTHER SERVICES BY YOU OR ANY THIRD PARTY.
  • LIMITATION OF LIABILITY: IN NO EVENT WILL THE LABFINDER PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO LABFINDER IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. 
  • APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS: BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, LABFINDER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
  • CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  • THIRD PARTY WEBSITES AND FUNCTIONALITIES: THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY LabFinder. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, LabFinder MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY LabFinder. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.
  • Indemnification: You agree to indemnify and hold harmless the LabFinder Parties, and at LabFinder’s option defend the LabFinder Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the LabFinder Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Use, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the LabFinder Parties, LabFinder may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without the written consent of LabFinder.
  1. Termination: In its sole and absolute discretion, with or without notice to you, LabFinder may suspend or terminate your use of and access to the Services, terminate your Account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Use; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. LabFinder shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which LabFinder may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to LabFinder. 
  • Verification

All information provided is deemed reliable but is not guaranteed and should be independently verified.

  • Discrimination

Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other bases. User shall check with User’s local government agency for more information.

  • Advertising

User shall not use LabFinder’s name or any language, pictures, or symbols which could, in LabFinder’s judgment, imply LabFinder’s endorsement in any manner without LabFinder’s express prior written consent in each instance.

  • Force Majeure

LabFinder shall not be liable for any delay in performing LabFinder’s obligations under this Agreement if such delay is caused by circumstances beyond LabFinder’s reasonable control including, without limitation, any delay caused by any act or omission of the other party, acts of God, war, terrorism, floods, windstorm, labor disputes, or delay of essential materials or services.

  • Notices
      1. Whenever under the provisions of this Agreement User is required or permitted to give notice to LabFinder, User shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three (3) days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to LabFinder, at the following address: LabFinder, LLC, 845 Third Avenue, New York, NY 10022
      2. Whenever under the provisions of this Agreement LabFinder is required or permitted to give notice to User, LabFinder may send an email to the address provided by User when User registered with the LF Service. If User has not provided an accurate email address LabFinder may send a notice to User in any reasonable way.
  • Miscellaneous

This Agreement contains the sole and entire agreement between the parties with respect to the use of the LF Service and supersedes any and all other prior written or oral agreements between them. User may not assign User’s account to anyone without the express written consent of LabFinder. Upon notice, LabFinder may assign LabFinder’s rights and obligations under this Agreement. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement. All provisions of this Agreement which by their nature should survive termination of this Agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, indemnity obligations, confidentiality and limitations of liability. User agrees that during the term of this Agreement and for two (2) years thereafter, User shall not knowingly hire, solicit for hire, or retain the services of employees or former employees of LabFinder, to directly or indirectly engage anywhere in the United States in any business in which LabFinder is currently engaged. User also expressly agrees that it shall not during the period of its registration as a Registered User and for a period of three (3) years after cancellation thereof operate, manage, market, own or have any financial or contractual relationship in or with any website or mobile software application (app) that serves as a search engine and/or scheduling system for, whether alone or in combination with any of the following, clinical laboratories, patient service centers and/or diagnostic radiology practices and facilities, or the violating User shall, at LabFinder’s option in lieu of proving damages should it choose not to prove them, be liable to LabFinder for liquidated damages in the amount of $1,000 for each day of a violation and not as a penalty since damages are difficult to quantity, and, further, LabFinder shall be entitled to a preliminary and permanent injunction without any requirement of posting a bond as well as reimbursement of all costs and reasonable attorneys’ fees in enforcing this covenant and obtaining relief and for collection on any judgment with remedies in equity and at law being cumulative and not alternative (“Restrictive Covenants”). Users shall not at any time including after account cancellation disparage, impugn or deprecate the business, functionality, services, products, software or reputation of LabFinder and the LF Services. Neither this Agreement nor any uncertainty or ambiguity in this Agreement shall be construed or resolved against any party, whether under any rule of construction or otherwise. No party to this Agreement shall be considered the draftsman and it shall not be construed against any party as drafter. The parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this Agreement. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this Agreement whether or not specifically provided for in this Agreement. All provisions of this Agreement which by their express terms or reasonable implication must survive to be effectuated shall so be deemed to survive.

  • Prior Authorizations

LabFinder may, but is not obligated to, provide you and your ordering physician or other practitioner with services seeking prior authorization of a test with your carrier/payor before it is rendered. “Prior authorization” means any practice implemented by a carrier or payor in which coverage of a health care service is dependent upon a covered person or a health care practitioner obtaining approval prior to the service being performed. In rendering the services, LabFinder is relying solely on information provided by you (as the patient), on your behalf by a third party, and/or by ordering and/or rendering healthcare providers and suppliers, and does not represent or warrant that it will take steps to verify the information provided to it for the conduct of the prior authorization services. As such, LabFinder cannot guaranty the accuracy, current state of the information, or completeness of the information at the time of the request for authorization. Prior authorizations are not a guaranty of payment or a verification of patient eligibility under the applicable carrier/payor plan, and payment/reimbursement eligibility is ultimately subject to the terms and conditions of participation of the patient and rendering provider with the applicable carrier or payor plan. Carriers and other payors retain the right to review the medical necessity of services, eligibility for services, and benefit limitations and exclusions even after a patient receives the services. LabFinder does not conduct utilization review or make any determination or assessment of medical necessity. USERS, INCLUDING YOU, ASSUME THE SOLE AND ABSOLUTE RISK OF THE VALIDITY OF A PRIOR AUTHORIZATION AND THE AVAILABILITY OF COVERAGE AND/OR REIMBURSEMENT FOR THE SERVICE. YOU WILL LOOK SOLELY TO YOUR CARRIER/PAYOR AND THE ORDERING AND/OR RENDERING HEALTHCARE PROVIDER WITH RESPECT TO ANY DISPUTE REGARDING THE AUTHORIZATION, PAYMENT AND/OR CARE.

  • Safe Harbor Provision

LabFinder includes a list of participating providers that pay us a fee for placement on the directory and for use of software functionality we make available for booking services and transmitting test results. We show you those providers in your geographic search area who meet the criteria you enter for your search, including, without limitation, whether they participate in your insurance plan. Participants that are not qualified to render their service, which fail to transmit to our users their test results and/or which fail to maintain compliance with their LabFinder terms and conditions of participation may be suspended or excluded from the directory.