Leadership Health Terms of Service - Labs
Maryland Medical Specialists, Inc.
Terms of Service for Ordering Labs at Quest Diagnostics and LabCorp
Last Updated: 8/12/2024
This Terms of Service Agreement ("Agreement") is entered into by and between you ("User," "you," or "your") and Maryland Medical Specialists, Inc. including its affiliates and subsidiaries ("MMS," "we," "us," or "our"). This Agreement outlines the terms and conditions under which MMS will provide access to confidential and secure laboratory testing ("Lab Testing") at Quest Diagnostics (“Quest”) and LabCorp (“LabCorp”) (collectively, the "Service"). By indicating acceptance of this Agreement or by using the Service, you are entering into a legally binding agreement with us. You represent that you are of legal age in your jurisdiction, and you are fully capable of entering into this Agreement. If you do not agree to these terms and conditions, you must not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY. IT INCLUDES AN ARBITRATION CLAUSE THAT MAY AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES.
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Nature of the Service
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Lab Testing and Consultation
MMS will use reasonable commercial efforts to provide the Service described in this Agreement. The Service includes Lab Testing at Quest Diagnostics (“Quest”) and LabCorp (“LabCorp”).
More information about Quest can be found at: https://www.questdiagnostics.com/ More information about LabCorp can be found at: https://www.labcorp.com/
When you select testing for one or more conditions on the Site, an independent, licensed physician or other qualified healthcare professional ("Healthcare Provider") will review your request and, in accordance with applicable state law, will either approve or decline to submit a test requisition ("Order") as appropriate in their professional medical judgment.
If an Order is approved, you will visit a specimen collection site of your choice within our service area, either operated by Quest Diagnostics, LabCorp, or another designated facility ("Lab"). The Lab will process your test in accordance with the Order. You consent to have the results shared with MMS and request that MMS send the results to you (via telephone, email, or other means), the ordering Healthcare Provider, and, if required by law, to public health authorities. You also consent to receive educational information from MMS by telephone, email, or other means.
MMS will arrange a phone consultation with a Healthcare Provider prior to the release of test results when required by law. Healthcare Provider consultations are available to you in the case of any positive result. A prescription may sometimes be provided through the Healthcare Provider consultation, but this is independent and unrelated to the Service facilitated by MMS. The provision of a prescription is not guaranteed and is at the sole discretion of the Healthcare Provider, based on medical appropriateness and state law.
MMS and its affiliates reserve the right to deny access to or use of the Service if misuse is determined or suspected.
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Disclaimer
MMS DOES NOT PROVIDE MEDICAL OR HEALTHCARE SERVICES OR ADVICE AND IS NOT DESIGNED OR INTENDED TO ADDRESS MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION RECEIVED THROUGH THE SERVICE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
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Patient-Provider Relationship
You understand and agree that MMS partners with independent Healthcare Providers and Labs to coordinate the provision of Services to you. These Healthcare Providers may include licensed physicians who review your test requests and, in accordance with applicable state law and their professional judgment, approve or decline to submit test requisitions ("Orders") on your behalf. You authorize us to share your personal and health information with these Healthcare Providers to fulfill our obligations under this Agreement.
No Patient-Provider Relationship Established
You acknowledge and agree that the act of reviewing and approving or declining your test requests by the Healthcare Providers does not establish a patient-provider relationship between you and the Healthcare Provider.
Signing or submitting a lab requisition on your behalf is solely for facilitating the laboratory testing services and does not create a patient-provider relationship or any ongoing duty of care.
The Healthcare Provider's role is limited to ordering the lab tests, and they are not responsible for interpreting the results or providing medical advice unless a separate and explicit agreement is established between you and the Healthcare Provider.
Information you provide may become part of a record established solely for the purpose of facilitating the lab testing and will not automatically become part of your medical records held by your personal physician or other healthcare professional unless you choose to share it.
The Service is not meant to provide complete or exhaustive information about your medical condition. You are strongly encouraged to consult with a qualified healthcare professional for answers to your personal medical or health questions.
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Your Responsibilities
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Personal and Health Information
You agree to provide accurate, current, and complete personal and demographic information, including your name, gender, date of birth, and contact information. You further agree to provide accurate, current, and complete health information during any consultation with a Healthcare Provider or as otherwise appropriate, including information about your health conditions, allergies, medical history, and medications. You agree to update your health information as needed. Failure to provide accurate information may result in restriction of your account and prevent you from receiving further services through MMS.
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Use During Pregnancy
If you are pregnant, we strongly recommend that you visit your physician or other healthcare provider. It is very important that you receive appropriate prenatal care. Please consult your physician or healthcare provider about your health concerns, including testing.
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Informed Consent
In order to receive the Service, you will be required to execute an Informed Consent, which will be provided to you in advance of testing.
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Your Representations, Warranties, and Covenants
You represent, warrant, and covenant that:
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(a) You are engaging MMS under your own name and will not misrepresent your identity or impersonate another person.
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(b) You comply and will comply with all applicable laws and regulations in your use of the Service, including but not limited to age restrictions.
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(c) You have executed, or will execute, the Informed Consent permitting MMS to perform, or cause the performance of, the Service.
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(d) The specimen(s) and any information, technology, supplies, specifications, designs, and other materials you supply in connection with the Service, and the use thereof to provide the Service, do not and will not infringe the rights of any third parties.
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(e) You will comply with the Site's Terms of Use, which forms part of this Agreement and is incorporated herein by reference.
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(f) You will comply with all rules and policies about use of the Service in this Agreement and that we publish from time to time.
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Review of Results
If you elect to receive your test results by accessing your account or by other means, you agree to review your results within fourteen (14) days of the date such results are made available. If you fail to review your results within that time, you agree that we have the right to contact you by other means, including by certified mail or telephone using the information you provided, to deliver the results.
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Password and Security
You may access your information on the Site only through the use of a password and/or personal identification number (PIN) selected by you. You are solely responsible for maintaining the confidentiality of your password and/or PIN, and for all activities that occur under your password and/or PIN. You agree not to share your password and/or PIN and not permit anyone else to use them. You agree to immediately notify MMS of any unauthorized use of your password or any other security concerns.
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Cancellation Fee
If you choose to cancel your order at any time within twenty-one (21) days of placing the order, MMS will refund the full amount of the order back to the original method of payment less a 20% cancellation fee. Cancellations after twenty-one (21) days are not eligible for a refund.
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Privacy
MMS respects your privacy and takes it very seriously. By accepting this Agreement, you consent to permit MMS to use and disclose your personally identifiable information, including health information, provided to us or developed while receiving Services as outlined in our Privacy Policy, which forms part of this Agreement and is incorporated herein by reference. You hereby consent to the receipt of the Notice of Privacy Practices from the Healthcare Providers performing aspects of the Service.
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Public Health Reporting
MMS may be required by law to disclose certain health information to federal and/or state public health agencies to report, prevent, or control disease, injury, or disability. For example, certain
positive test results require reporting to public health agencies in accordance with applicable state laws. You may or may not be notified of these disclosures.
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Age Restrictions
The Service is directed to individuals 18 or over, but minors, as defined in their applicable state of residence, may use the Service without parental consent in compliance with applicable state law. We do not knowingly collect personal information from individuals under the age of 13. If you are under 18, or if you are 18 or over but under the age where your state permits you to access and use the Service without parental consent, you are not permitted to use the Service or to send personal information to MMS.
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Payment of Fees
MMS operates under a complex framework of laws and regulations that frequently change and vary by state. As such, billing practices and service availability may be periodically updated to comply with these evolving legal requirements and guidance from regulatory authorities.
MMS accepts payment directly from you or any individual authorized to make a payment on your behalf. We offer various forms of electronic payment for our Services, including credit cards, debit cards, and prepaid credit cards. You agree to provide accurate and valid payment information and promptly update this information if it becomes invalid or incomplete. All payments must be made in U.S. dollars. You are responsible for any taxes, duties, customs fees, or other charges imposed by governmental authorities, excluding taxes on MMS's income.
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Cancellation and Refund Policy
We reserve the right to accept, decline, or cancel any order placed through the Service at our discretion, without liability. If your order is canceled after your payment method has been charged, we will issue a refund for the full amount.
You may also request to cancel your order prior to your lab visit and within twenty-one (21) days of purchase. Upon cancellation, we will refund your payment minus a 20% cancellation fee. No refunds will be issued after twenty-one (21) days. However, you may convert unused orders into credit for future purchases by contacting us at 1-800-990-5491.
If you are eligible for a consultation as part of the Service, you agree to schedule it within twenty-one (21) days of receiving your test results. Requests for consultations after this period may require retesting at your expense.
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Changes to This Agreement
The Service, and the business activities of MMS, are subject to change during your use of the Service as determined by MMS at its discretion. MMS has no obligation to create or include additional features or functionality for the Service. MMS may modify the terms of this Agreement at it’s own discretion without any prior notice. If you do not accept such modified terms, you may terminate this Agreement before the modified terms go into effect. If you do not terminate this Agreement within 7 days of the time period from the new modified terms updation, you agree to be bound by the modified terms after that time.
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No Medical or Health Services
MMS does not provide medical, health, or other professional services or advice. MMS does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession provided through the Service. MMS does not operate or perform diagnostic laboratory testing. Each Healthcare Provider is responsible for their services and compliance with the requirements applicable to their profession or business and licensure, permit, or certification. You acknowledge and agree that no Healthcare Provider is an employee, agent, or subcontractor of MMS and is not providing services on behalf of or through MMS, but instead are independent of MMS and solely responsible for the services they render.
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Feedback
If you provide to us any comments, feedback, suggestions, ideas, or other submissions related to the Service ("Feedback"), the Feedback will become the sole property of MMS. We are entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit all Feedback without restriction and without compensating you in any way. We are under no obligation to maintain any Feedback in confidence or to respond to any Feedback.
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Warranty Disclaimers and Limitation of Liability
ALL SERVICES MADE AVAILABLE BY MMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. MMS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
NEITHER MMS NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES, OR AFFILIATES SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR DIRECT DAMAGES RELATED TO ANY MMS SERVICES OR ANY RELATED ACTS OR OMISSIONS, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MMS'S SOLE OBLIGATION TO YOU FOR DAMAGES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO MMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
NEITHER MMS NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES, OR AFFILIATES ARE LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE LABS OR HEALTHCARE PROVIDERS. YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST MMS ARISING FROM OR RELATING TO THE SERVICES PROVIDED TO YOU BY THE HEALTHCARE PROVIDERS.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MMS. MMS WOULD NOT BE ABLE TO PROVIDE YOU WITH ACCESS TO AND USE OF THE SITE AND ITS SERVICES WITHOUT SUCH LIMITATIONS.
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Indemnity
You agree to release, indemnify, and hold harmless MMS, our affiliates, and our and their respective partners, members, directors, officers, employees, and licensors from any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses, and attorneys' fees ("Liabilities") arising out of or related to:
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(a) Your breach of this Agreement.
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(b) Your use of the Service.
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(c) Any injury or personal damage occurring at the Lab.
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(d) Your use or interpretation of any test results.
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(e) Your choice of payment method.
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(f) 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 us in such defense and settlement.
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Remedies for Violations
We reserve the right to seek any and all remedies available at law and/or in equity for violations of this Agreement, including without limitation the right to block access to the Site from a particular Internet address or phone number. Our remedies are cumulative, and the availability of any remedy or our exercise of any right does not limit or preclude the availability of any other remedy or our exercise of any other right.
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Class Action Waiver, Dispute Resolution, and Arbitration
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Class Action Waiver
You agree to waive 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 MMS. You will not be entitled to join or consolidate claims by or against other parties or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity.
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Dispute Resolution and Arbitration
We will attempt to resolve disputes; however, if a matter arises that cannot be resolved promptly between you and us, you agree that any claim or controversy arising out of or relating to the Service shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof.
The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Class Action Waiver, Dispute Resolution, and Arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Any award of the arbitrator(s) will be final and binding on both parties.
You agree that the arbitration shall be held in the State of Maryland, unless the AAA or the arbitrator determines that venue in [Your State] is unreasonably burdensome, in which case a venue that is not unreasonably burdensome to both you and us will be selected.
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.
If any part of this Arbitration clause is deemed invalid as a matter of law, then it shall be severed, and the remaining portions of this section shall remain in effect. If the preceding
paragraph is deemed invalid, then this entire section shall be deemed invalid, and the arbitration clause shall be void.
At MMS's option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets ("IP Claims"). With respect to any IP Claims that are not subject to arbitration under the above provision, you consent to non-exclusive jurisdiction and venue in any federal or state court located within the State of [Your State], U.S.A.
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Intellectual Property
MMS, its licensors, or content providers own all right, title, and interest to 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"). No right to the Intellectual Property Rights is granted hereunder except to permit access and use of the Service as set forth herein.
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Term and Termination
Unless earlier terminated pursuant to this Agreement, the term of this Agreement ("Term") will commence upon your electronic signature by checking the "Accept" box. Either you or MMS may terminate this Agreement upon written notice at any time, with or without cause. If this Agreement is terminated for any reason, you agree that we shall not be liable to you or any third party for compensation, reimbursement, or damages in connection with termination of this Agreement. Upon termination, your account registration information will be deactivated and may no longer be retrievable by you, although your health information will not be deleted. Information you enter or accept into your MMS 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, MMS may continue to use your information as outlined in our Privacy Policy. All sections which by their nature survive termination of this Agreement shall survive.
Upon termination, you will not receive any refund or partial refund for any charges already billed to your account unless terminated in accordance with the Cancellation and Refund Policy above. You agree that termination of this Agreement is your sole right and remedy with respect to any dispute with MMS.
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Entire Agreement
This Agreement, together with the Privacy Policy and Terms of Use, constitutes the entire agreement between you and MMS with respect to the subject matter hereof and supersedes any and all other prior written or oral agreements between MMS and you regarding such subject matter.
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Severability; Waiver; Headings
If any portion of this Agreement is adjudicated to be invalid, illegal, or unenforceable, such provision will be deemed to be deleted, but the validity, legality, and enforceability of the remaining portions of this Agreement will not be affected or impaired, and this Agreement will be enforceable as so modified. Failure of MMS to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or the right to enforce such provision.
The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
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Construction Against Drafter
The terms of this Agreement shall not be construed against MMS by virtue of its having drafted the provisions herein. You acknowledge an understanding of the terms and conditions and the opportunity to obtain answers to any questions or concerns prior to entering into this Agreement or receiving the Services.
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Applicable Law
You and MMS agree that all disputes or other matters arising from or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the State of [Your State], without regard to its or any other jurisdiction's conflicts of laws principles that would apply another law.
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No Implied Third-Party Beneficiaries
Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description, or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
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Assignment
MMS 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 inure to the benefit of, and may be enforced by, MMS's respective permitted successors and assigns.
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Force Majeure
MMS's performance under this Agreement may be subject to interruption or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, and the like.
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Notice
MMS will generally communicate with you using the email address or telephone number you provided. In some circumstances, we may communicate with you using the mailing address you provided. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may contact MMS on all matters relating to your order or Services provided by us using the following resources: