Terms of Use
Questions? Text 1-800-579-3914
Last Updated: March 13, 2020
Overview
This Terms of Use (this “Agreement”) constitutes a binding agreement between FPK Services, LLC (“FPK,” “us,” “we,” “our” or “HealthLabs”) and you, as the user, with respect to all information, data, graphics, content, software applications, and other FPK products and services provided, facilitated, or otherwise made accessible on the website located at HealthLabs.com (the “Site”) and/or associated services.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE BECAUSE THIS AGREEMENT IS BINDING AND AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING AND ACCESSING THE SITE (OTHER THAN TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT), YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE SITE. YOU SHOULD RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
All text, graphics, images, and other materials on the Site are for informational purposes only. The Site does not provide medical or health care advice, nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions you have regarding a medical or health condition. Never disregard or delay in seeking professional medical advice because of something you have read on the Site.
MEDICAL EMERGENCIES
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. FPK DOES NOT PROVIDE, FACILITATE, OR ARRANGE ANY SERVICE THAT ADDRESSES OR ASSISTS WITH MEDICAL EMERGENCIES. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THE SITE FOR ASSISTANCE, BUT SHOULD INSTEAD CALL 911 IMMEDIATELY.
AT YOUR OWN RISK
Reliance on any information provided by HealthLabs, HealthLabs’s employees, others appearing on the Site at the invitation of HealthLabs, or other visitors to the Site is solely at your own risk.
Eligibility Requirements
THE SITE IS DIRECTED TO INDIVIDUALS 18 OR OVER. YOU MAY NOT USE THE SITE OR SERVICE EXCEPT AS PERMITTED BY APPLICABLE STATE LAW.
License
We own, or in some instances have licensed, all right, title, and interest in and to the Site and all content created by us on the Site or otherwise made available through the Site or our Services, including, without limitation, the text, images, marks, templates, software, code, proprietary methods and systems (collectively, “Content”). We grant you a limited, non-exclusive, revocable, royalty-free, non-transferable right to access the Content and obtain access to the laboratory testing and telehealth services offered by independent providers that partner with us (collectively, the “Service”) through the Site; provided that such access and use must be consistent with the terms of this Agreement and the terms of any other services agreement between you and FPK in effect from time to time.
Ownership; Infringement
You acknowledge and agree that the Site and Content constitute 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 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 or its licensors and Content providers. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Content, and your use must at all times comply with any additional restrictions in any other services agreements you may enter into with FPK.
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Site (collectively, “Feedback”), the Feedback will be the sole property of FPK. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence or to respond to any Feedback.
Rules for Using the Site
The Site and all Content are for your personal use only and are not for commercial exploitation unless authorized in writing between you and FPK. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, transfer or create derivative works from the Content on the Site. Nor may you use any network monitoring or discovery software to determine the Site’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site. You may not copy, modify, reproduce, republish, distribute, display, perform or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. You may not use or otherwise export or re-export the Site or any portion thereof, or any software available on or through the Site in violation of the export control laws and regulations of the United States of America. FPK does not authorize the harvesting or collection of names or addresses from the Site for the purpose of sending unsolicited e-mail or for any other purpose. You may not use the Site in any jurisdiction that does not give effect and enforcement to all provisions of this Agreement. Any unauthorized use of the Site is expressly prohibited.
Without limiting the generality of the above, regardless of intent you may not: use the Site in any manner that could damage, disable, overburden or impair the Site or any server or other hardware associated with the Site; interfere with any other party’s use and enjoyment of the Site; frame or otherwise display content from a source other than the Site in conjunction with the Content; circumvent any technological measure used by FPK to control access to or use of the Site; use the Site in any manner to deceive, defraud, or mislead any person; use the Site to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; use any FPK-owned mark or product name as a meta-tag or other “hidden text” for search engines.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site; provided that such link does not portray FPK or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any offensive adult or illegal material or any material that, in FPK’s sole determination, is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the HealthLabs logo or other proprietary graphic of FPK to link to the Site without FPK’s prior written consent. Further, you may not use, frame or utilize framing techniques to enclose any FPK trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without FPK’s advance written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of FPK or any third party based on your use and access to the Site as permitted hereunder.
Changes to This Agreement
We reserve the right to change the terms and conditions of this Agreement at any time and will notify you of any material change to this Agreement by means of a posting on the Site or other electronic communication to you. Such notice will also indicate the effective date of the posted changes. Updated versions of this Agreement will appear on the Site and are effective immediately. Your continued use of the Site or associated services following the effective date of a change to this Agreement signifies your acceptance of and agreement to the terms and conditions of the revised Agreement. FPK also encourages you to regularly review this Agreement so that you remain updated as to any changes. FPK will indicate that changes have been made hereto by providing a “Last Updated” date at the top of this Agreement.
Privacy and Your Account
FPK’s Privacy Policy forms part of this Agreement and is incorporated herein by reference.
No Performance Warranty
Your use of the Site, access to the Content and information on the Site, and access to other websites and materials linked from the Site is done at your own risk. We do not represent, warrant or guarantee (a) the accuracy, reliability, completeness, adequacy or correctness of the information contained in, provided by, or linked to on the Site; (b) that the Site will be error-free, free of viruses or other harmful components; (c) that known defects will be corrected; or (d) that the Site will always be accessible. We may make improvements and/or changes to the Site and its features, functionality or content thereof at any time in our discretion.
Third-Party Content
Third-party content, messages, and services may appear on the Site or may be accessible through links from the Site. FPK is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on or accessible from the Site. You hereby acknowledge that the information and opinions in the third-party content are neither endorsed or controlled by, nor reflect the beliefs of, FPK.
Disclaimer
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FPK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WITHOUT LIMITING THE FOREGOING, FPK ALSO SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY THIRD-PARTY WEBSITES (OR MOBILE APPLICATIONS, LINKS, ETC.) OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN OR OMISSIONS THEREFROM; (B) THE UNAVAILABILITY OF THE SITE, OR ANY PORTION THEREOF; (C) YOUR USE OF THE SITE AND ANY SERVICES OFFERED ON THE SITE; (D) ANY USER SUBMISSIONS; AND (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE. FPK FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR ANY LOSS OF ANY DATA STORED ON OR BY MEANS OF THE SITE AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES AS A RESULT OF THE LOSS OF DATA OR ANY OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. FPK MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS AND FURTHER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE, ERROR OR DELAY-FREE, SECURE, OR FREE FROM BUGS, VIRUSES, OR OTHER PROGRAM LIMITATIONS OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FPK OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WHERE THE ABOVE DISCLAIMER IN A PARTICULAR CIRCUMSTANCE IS LIMITED OR NOT ALLOWED IN ANY JURISDICTION, THEN FPK SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
Limitation of Liability
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FPK AND ITS AFFILIATES FOR ANY DISPUTE WITH FPK IS TO DISCONTINUE YOUR USE OF THE SITE. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FPK OR AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR ANY SERVICE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND/OR EXPENSES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THIS LIMITATION ON LIABILITY FAILS OF ITS ESSENTIAL PURPOSE FOR ANY REASON, FPK’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU IN THE PRIOR YEAR (OR, IF YOU ARE A USER THAT HAS NOT SELECTED A SERVICE, UP TO THE AMOUNT OF $10). FURTHER, FPK SHALL NOT BE LIABLE IN ANY INSTANCE WHATSOEVER FOR ACTIONS BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS AND SOLICITATIONS.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FPK. FPK WOULD NOT BE ABLE TO PROVIDE YOU WITH ACCESS AND USE OF THE SITE AND ITS SERVICES WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
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 shall be cumulative and the availability to us of any remedy or our exercise or enforcement of any right shall not limit or preclude the availability to us of any other remedy or our exercise or enforcement of any other right.
Class Action Waiver, Dispute Resolution, & Arbitration
You agree to give up your rights to participate in a class action or representative action with respect to any claim or controversy arising out of or relating to the Site, the Service or FPK. Neither you or FPK will 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.
You agree that any claim or controversy arising out of or relating to the Site shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof.
Moreover, the arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Class Action Waiver, Dispute Resolution, & Arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties.
You agree that the arbitration shall be held in Houston, Texas unless the AAA or the arbitrator shall determine that venue in Houston is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At FPK’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). With respect to any IP Claims that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within the State of Texas, U.S.A., with respect to any suit, claim, or cause of action arising from or relating to the Service or this Agreement, and you shall not bring any such suit, claim or cause of action except in a court located within the State of Texas, U.S.A. You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. 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 later deemed invalid as a matter of law, then it shall be severed, and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement of the parties (you and FPK) with respect to the subject matter hereof and supersedes any and all other prior written or oral agreements between FPK and you regarding such subject matter.
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 in any way be affected or impaired, and this Agreement will be enforceable as so modified. Failure of FPK to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of 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.
Termination
FPK has the unlimited right to terminate or limit your access to the Site at any time and for any reason and without notice. In the event of termination, you are no longer authorized to access or use the Site, and all disclaimers and limitations of liabilities set forth in this Agreement shall survive. YOU AGREE THAT FPK WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS OR USE OF THE SITE OR SERVICES. In any event, all of FPK’s rights under this Agreement (and to the extent applicable, all of the rights under this Agreement of its affiliates, and its affiliates’ directors, officers, employees, contractors, representatives and agents, licensees, and licensors) shall survive any termination of this Agreement.
No Construction against Drafter
The terms of this Agreement shall not be construed against FPK by virtue of its having drafted them.
Applicable Law
You and FPK agree that the validity, interpretation, construction, and performance of this Agreement will be governed by the laws of the State of Texas, without regard to its or any other jurisdiction’s conflicts of laws principles that would apply another law.
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.
Assignment
FPK 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, FPK’s respective permitted successors and assigns.
Force Majeure
FPK’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, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
Notice
FPK will generally communicate with you using the e-mail address or telephone number you provided to FPK. In some circumstances, we may communicate with you using the mailing address you provided to FPK. 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 FPK on all matters relating to the Site, your order, or Services provided by us using the following resources:
For Customer Service inquiries: (800) 579-3914
Compliance/Ethics Hotline: (800) 579-3914
by the people at
Analyte Health