Terms of Service
Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
FPK Services, LLC, and its authorized agents (HealthLabs.com), (collectively, "FPK Services," "we" or "us"), require that all visitors to websites controlled by HealthLabs.com (the "Site") adhere to the following terms and conditions of use. By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your "Company"), to be bound by and comply with the following terms and conditions of use (these "Terms") and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site.
ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, ESPECIALLY THOSE OF AN URGENT NATURE, AND FPK SERVICES MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO AN INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THIS WEBSITE FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.
Changes to These Terms and The Site
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services and other materials within the Site (all such materials and any compilation, collection or arrangement thereof, the "Content").
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress and trade secrets, and all such rights are the property of FPK Services or its licensors and content providers.
Non-Exclusive License to Access and Use
You may access and use this Site only for your personal use (or, if accessing the Site on behalf of a Company, only your Company's own internal use). Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark or other laws. We make no representation that the Site or the Content are appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk and are responsible for complying with applicable local laws.
You may not access, use or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
Restrictions on Access
You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate and complete to the best of your knowledge and belief. FPK Services reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username, PIN or password; or (b) the breach of any agreement between you and FPK Services, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, FPK Services will retain all rights, including all intellectual property rights, proprietary rights and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following:
- Use the Site or Content for any unlawful purpose;
- Use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
- Use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing or otherwise objectionable information of any kind;
- Use the Site to post or transmit any information which is invasive of another's privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
- Use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or scheme or other unsolicited commercial communication.
By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas or other information (each, a "Submission"), either through your use of the Site or otherwise, you authorize FPK Services to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to FPK Services an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness and originality thereof.
FPK Services takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username, PIN and any password used in connection with your use of the Site. FPK Services will not be liable for any loss or damage arising from the unauthorized use of your username, PIN or password.
Images of the logo can only be used for linking purposes and can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that FPK Services approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the HealthLabs.com logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using any FPK Services’ logos for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
Use of Trademarks
Except for the limited permission to use the logo as set forth in these Terms, you may not, without our express written permission, use any of FPK Services trademarks or service marks for any other purpose.
The use of this SITE by you and your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, FPK SERVICES, ITS MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
Limitation of Liability
As partial consideration for your access to our website and use of its content, you agree that in no event will FPK Services, its medical advisers, officers, directors, employees or its contractors, suppliers, content-providers and other similar entities, representatives and agents of each of the foregoing (collectively, our "Contractors"), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
Under no circumstances will FPK Services or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of FPK Services and the Contractors will be limited in accordance with these Terms to the extent permitted by law.
Without limiting any of the foregoing, if FPK Services or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify FPK Services, and our officers, directors, employees, representatives and agents, against all claims, demands, suits or other proceedings and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and FPK Services; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, PIN or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will be construed and enforced in accordance with the laws of the State of Texas without regard to choice of law rules. Each of you and your Company submits to personal jurisdiction in Texas, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Harris County, Texas.
Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
These Terms do not confer any rights, remedies or benefits upon any person other than you.
We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
HealthLabs.com’s STD/STI Testing Terms & Conditions
I understand and acknowledge that by agreeing to use this website to seek testing services by referral to a qualified physician, that understanding and acceptance of these conditions and terms of service are necessary.
- Our Cancellation Policy: You may cancel your order any time before your visit to the test center. Refunds will be issued minus a 20% cancellation fee. All cancellation requests after 21 days of purchase will be given credit for future testing.
- I understand that I will be asked by the website for my demographic information and the nature of my requests for testing services. I must be truthful, as aliases are not accepted. If confidentiality is requested, an ID number may be used in place of your name, however valid demographic information must be collected and listed on the patient chart on file with the physician.
- I understand that this website serves as a resource for patients desiring certain medical screening and/or testing for certain infections or diseases by referral to a qualified physician.
- I understand that this website has made arrangements for my referral to a qualified physician who is licensed and has prescriptive authority in the state in which I will be tested.
- I am 18 years old or older (or 16 and older in some instances), and I am the one to be tested.
- I understand that the physician to whom I am referred, may, in his/her judgment, refuse to accept my referral. Reasons for refusal may include but are not limited to the physician's judgment that my requested testing is inappropriate or that my request is beyond the scope of the services that are available or offered.
- I understand that if my referral for testing is refused, I will receive a full refund.
- I understand that certain signs and symptoms that I might have such as, temperature over 100.4 degrees (F), abdominal pain, nausea and/or vomiting, might require a visit to my private physician or to an emergency room for proper evaluation and my referral may be refused.
- I understand that to be tested will either require a visit to a certified laboratory (usually close to my location) to have my specimen collected, or, in some states, may include having a phlebotomist come to me for sample collection.
- I understand that if my request for a referral is made in the states of New York (NY), New Jersey (NJ), and Rhode Island (RI), the laws of these states require that the actual fees paid directly to the lab for my testing will be disclosed to me. The website will charge a fee for their services and the preparation and referral to a physician.
- I understand that some screening tests may return as positive and this may automatically trigger additional confirmatory testing. This extra testing may create additional fees for additional testing, but the website will cover these costs at no additional charge to me. I understand that confirmatory testing will require additional processing time.
- I understand that if I requested to be tested for HIV that I have given proper consent to testing. All necessary information has been provided and reviewed:
- HIV is the virus that causes AIDS. The only way to know for certain if I have HIV is to be tested.
- HIV testing is important to my health, especially if I am a pregnant woman.
- HIV testing is voluntary. My consent can be withdrawn at any time. Several testing options are available, including confidential testing.
- State law protects the confidentiality of test results and also protects test subjects from discrimination based on HIV status.
- My assigned physician or their designate will talk with me about notifying my sexual partners (and/or affiliated intravenous drug users) of possible exposure if I test positive, and/or refer me to the proper public health authorities to help facilitate partner notification.
- I understand that any and all of my personal medical history and personal data collected at the website or from the referral physician will be treated confidentially as required by HIPAA (Health Insurance Portability and Accountability Act of 1996).
- I understand that my relationship that I have with the physician whom I am referred will only be related to the screening test or testing for the condition of which I am concerned, but in no way, either written or implied, now or in the future will extend beyond the scope of the testing in consideration. No expectations have been made and I have no expectations of my own for receiving any medical care or follow up from this physician other than as related to this testing.
- I understand that every effort will be made to have my testing results returned to me within 1 to 4 business days after specimen collection at the patient service center or after a home collected specimen is received for processing. I understand that, at times, the results might be delayed beyond 4 days and the lab may require a return visit for repeat sample collection.
- I understand that by acceptance of these terms of service that if I do not hear about my results in 5 business days that it is my responsibility to notify the website by calling the website for instructions about receiving my results. I understand that if I do not hear about my results, I can't assume the test was negative or normal.
- I understand that if I want to be tested for STDs (sexually transmitted diseases) or STIs (sexually transmitted infections) that I will not be tested for every possible STD/STI but will be tested only for the ones that I have selected.
- I understand that for testing for STDs/STIs involves various incubation periods for individual infections or diseases, meaning after potential infection, there is a time frame that needs to be waited prior to getting testing otherwise tests that ought to show as positive might not have enough time to do so. I understand the need for retesting in 3 months, 6 months and at one year in certain situations where a latent period could be involved.
- I understand that it is rare, but (as with all lab testing) there are times that there are false positive tests and false negative tests. This means that there are times that a person could have the condition and the test be negative (false negative) or the person could be free of the condition and the test is positive (false positive).
- I understand that Federal, State and local public health authorities have regulations that require certain STDs and/or other infectious diseases to be reported with my demographic and personal information. The lab that performs my test and my physician will follow the regulations.
- I understand that the website and the physician will protect my privacy and security of all of my personal health information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the American Recovery and Reinvestment Act of 2009.
- I further understand that by accepting referral to my assigned physician and having the recommended testing, I voluntarily assume any risks associated with the screening process. In addition, I hereby release and hold harmless, my assigned physician, the laboratory performing the testing, and any other persons or entities associated with this screening process from any and all claims, rights and causes of action arising from any injury or other damages or the consequences thereof, resulting from or in any way connected with the screening while on the laboratory's premises or otherwise directly or indirectly arising from the transaction conducted through the services provided and/or though the relationship with my assigned physician.
- All patients testing in New York (NY), New Jersey (NJ), and Rhode Island (RI) will have their total charges inclusive of two fees- one that goes to the lab and one for the prescriptive authority and technology services. The lab fees are as outlined below:
- HIV RNA $85.00
- HIV 4th Generation AB/AG $14.75
- Hepatitis B AG $10.50
- Hepatitis C AB $14.00
- Hepatitis A AB $11.50
- Herpes Type 1 & 2 $17.00
- Syphilis (RPR) $6.00
- Chlamydia/Gonorrhea $37.50
- I understand that the physician to whom which I am referred (or their designate), will provide to me as much information and counseling to the best of their ability about any findings on my testing, and that it may be necessary for me to seek additional care from my private physician or to seek further psychological counseling if needed.
- I understand that there is extensive information for me to review about all of the STDs/STIs at two respected websites:
- I understand that my testing may reveal a bacterial infection that is treatable and curable with antibiotics, and that I may be offered the option of having my physician or his designate provide additional counseling and follow-up instructions, including calling in a prescription for treatment. In certain States and under certain circumstances, treatment may be extended to your partner(s). These services will require additional charges payable to the website prior to treatment. I understand that this treatment service, if offered, is optional and that I may seek the care of my own physician or public health department.
- I understand that results of this testing and all informational material should be for informational purposes and not a substitute for my usual medical care.
- I am participating in this testing process voluntarily and understand that a visit to my personal physician to discuss findings and/or treatment is advised.
- I understand that a copy of the final report of my laboratory testing will be made available to me or sent to the physician of my choice with appropriately prepared and signed medical information release documents at my request.
I agree that these Terms of Services are construed under the laws of the state in which I reside and that if any portion is held invalid or unenforceable, the remainder shall, notwithstanding, continue in full legal force and effect.
By accepting these "Terms of Service" for referral for testing and/or screening services, I hereby certify that I have read this entire document that I understand and agree to all of the terms and conditions. I knowingly and voluntarily use this acceptance as my consent for initiating a limited patient/physician relationship and for appropriate laboratory screening and/or HIV/STD Testing.
Questions regarding the Site or these Terms? Contact us:
FPK Services, LLC | HealthLabs.com
5821 Southwest Freeway
Houston, TX 77057