Welcome to www.labtestingapi.com. These terms and conditions constitute a legally binding agreement made between the user (“User”) and Lab Testing API Inc. ("LTA") concerning your access to and use of www.labtestingapi.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. The use of the Website by the User indicates your unconditional agreement to the terms and conditions set forth herein.
These terms and conditions remain in full force and effect at any time when User has access to the Website as a registered User of the Website.
Updated, supplemental or additional terms and conditions may be posted on the Website from time to time and are hereby expressly incorporated by reference herein. Website reserves the right, in our sole discretion, to make changes or modifications to the terms and conditions at any time for any reason.
Website may contain typographical errors, inaccuracies, or omissions that may relate to Website. Website reserves the right to correct these errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
User will be notified or alerted of changes or modifications. Continued use of the Website by a User after such notification constitutes an affirmative agreement to the terms amended, updated, or supplemental terms.
Website may terminate, suspend, or remove a registered User for any reason and with or without cause. If Website terminates a User account, User is prohibited from registering under a different, fake, borrowed, or alias name. In addition to terminating a User account, Website reserves the right to take appropriate legal action for any violation of these terms and conditions.
Use of the Website by User is on an “as-is” and “as-available” basis. User engages in access and use of the Website at the User’s own risk. Website makes no warranties, express or implied in connection with the Website or use thereof.
Website, its directors, employees, or agents will not be liable to User or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages including lost profit, lost revenue, loss of data, or other damages arising from use of the Website or information obtained thereon.
Website offers a service, wherein User is permitted to purchase a variety of health-related packages that result in a laboratory order for blood testing at any Website affiliated laboratory, or the purchase of “at home” kits through our affiliates. These services are purchased by the User at the User’s discretion and are not based on need, as determined by a medical evaluation or telehealth visit.
When the User purchases a blood work order through Website, Website has no control, authority, or medical opinion as to the necessity, validity, or efficacy of the test order. Any work order purchased through the website is valid for up to six (6) months after the date of purchase. Users are solely responsible for ensuring that any testing ordered occurs during the period in which the order is valid. If User fails to obtain testing within the six (6) month period, User must pay a $20 administrative fee to reinstate the expired Order. User will also be required to pay any difference in the purchase price for the order and any increase in the price as of the date of reinstatement. In the event that a testing error occurs, Website may, in its sole discretion, offer a “recollection” lab order without additional charge to Customer, however, the recollection order must be utilized within six (6) months of the date of issue.
If Customer fails to utilize the recollection order within the specified time, Website shall not be responsible, liable, or otherwise obligated to issue any further replacement or recollection orders. After testing has occurred, the Website receives information back from the affiliated laboratory and structures the testing results into a user-friendly platform indicating a general wellness profile for the User. User understands that Website is not a medical professional and is not operated by a medical professional. Website shall not be liable to User for any testing results, nor the medical consequences of said results. Further, User understands and agrees that Website is not intended to diagnose any medical conditions, diseases, disorders, or predict a medical emergency or event. User should seek independent evaluation by a medical professional for diagnosis of medical disorders, conditions, and diseases.
AH Kits are at-home testing devices allowing users to test for various conditions in the comfort of their homes. These kits are purchased through our website at the discretion of our affiliates and are not a direct service of the website. Upon placing an order, there is a 48-72 hour processing period, excluding weekends and holidays. Users are solely responsible for ensuring that their specimens are returned to the lab within thirty (30) days of collection. If the specimen is not returned in the requisite time, users will not receive results and will incur a $20 fee for the reshipment of a new AH Kit if they wish to obtain results and resubmit a specimen. This applies regardless of delays caused by unforeseen circumstances, such as mail issues or extreme weather. If the lab needs to resend the kit in any case, users will also be responsible for a $20 reshipment fee. In cases where the kit is returned due to an incorrect address or if the user has moved, they are required to pay the $20 reshipping costs.
As with any lab order purchased from Website under Section 1.8(A), User understands that Website is not a medical professional, holds no medical licensure, and any testing offered, or restructuring of results obtained does not amount to a medical opinion, is not a substitute for consultation or appointment with a medical professional, and should not be relied upon by the User as medical advice, diagnosis or for treatment purposes.
User is aware that Website does not offer testing services and will not provide orders to Users located physically in Arizona, New York, New Jersey, or Rhode Island. User should not purchase blood work orders if they are physically located in one of those States. If User presents an order for bloodwork in any of these States, it will be rejected by the laboratory. If the order is not rejected, and services are rendered by the lab, User will be liable to Website for any costs, fees, charges, tax, or other monetary burden imposed on Website as a result of that testing. Any breach of this term will require the User to indemnify the Website for any damage, directly or indirectly caused, by the User’s actions.
User agrees that submission of an order for blood testing that was not issued, or authorized, by the Website may result in the User being held liable for additional charges associated with blood drawn or services rendered under said order.
The information contained on this website is for informational purposes only. Website makes no warranties, express or implied regarding the services provided. The User agrees that it is the sole responsibility of the user to evaluate and ensure the completeness, accuracy, and usefulness of any opinion or services provided by the Website. Website shall not be held liable for any damages or costs arising out of information conveyed on this Website, whether directly or indirectly arising therefrom.
LTA offers clinical laboratory services to monitor wellness and encourage increased self-awareness and self-care. However, the tests, services or products we offer are not intended to diagnose, treat, or cure disease. LTA does not give a guarantee that any of our services will prevent disease, detect disease, treat disease, or otherwise diagnose any medical condition. All material provided on the Website is for educational purposes only, and use of the Website or its services are not intended to be a substitute for a physician’s consultation. LTA does not engage in rendering medical advice or service and strongly encourages those who use our service to consult and work with an experienced healthcare provider. Individuals assume full responsibility for acquiring such professional medical assistance with regards to any health disorder, medical condition, or any condition needing medical supervision. LTA encourages you to consult your physician if you are experiencing any symptoms or medical conditions. We specifically disclaim any expressed or implied warranties of merchantability or fitness for any particular usage, application, or purpose. LTA does not recommend self-diagnosis or self-medication, and no information within this Website or presented by LTA or its associates may be construed or interpreted as recommending self-diagnosis or self-medication. If a lab test result is abnormal, you may be encouraged to see a physician. To be validated, many tests may need to be repeated at the discretion of a physician. Lab results may vary depending upon age, sex, time the specimen collection, diet, medications, and the limits of modern technology. A single lab test or group of tests cannot guarantee good health. False-positive and false-negative test results are possible. There are many medical diseases that cannot be uncovered by these tests alone. Testing by our medical staff only constitutes a partial evaluation of your state of health and does not represent a diagnosis or treatment of disease. LTA shall not be liable to you or anyone else for any loss or injury caused in whole or in part by procuring, compiling, interpreting, delivering or reporting information through this website. In no event shall LTA be liable to you or anyone else for any decisions made or action taken or not taken by you in reliance on such information. Material placed online by users does not represent medical advice of LTA and we make no representations with respect to the accuracy, reliability, completeness, timeliness, or usefulness of the contents.
The information provided on the Website is not intended for distribution or use by any person or entity. Any distribution made by the User must be done in compliance with applicable federal, state, and local laws.
The user represents that by creating an account on Website, the User is eighteen (18) years of age or older. Persons under the age of eighteen (18) are not permitted to register for the Website.
The Website and our propriety property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (“Content”) and the trademarks, service marks, and logo contained therein (“Marks”) are owned, controlled, or licensed by Website and are protected by federal, local, and common law. The Content and Marks are provided on the Website “As is” for your information and personal use only and may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the expressly written consent of Website.
User is granted a limited license to access and use the Website and download or print copies of any portion of Content to which User has properly gained access, solely for the personal, non-commercial use of the User.
By using the Website, the User represents and warrants that: all registration information submitted is true, accurate, current, and complete; User shall maintain accuracy and keep current said information; User has the legal capacity to comply with the terms and conditions herein; User is over the age of eighteen (18) years old; User will not access the Website through any automated means (i.e., bot, script or otherwise); User will not access the Website for any illegal or unauthorized purpose; User will not operate the Website in a manner that violates any applicable law or regulation.
Payment for services, packages, or orders purchased by User from Website is due at the time that the order is made. Website shall not be liable to User or any other party (and User shall indemnify and hold Website harmless for any liability arising from, or related to) for overcharge, overdraft, or other “fees” charged by a banking institution or other financial entity if Website charges an account that holds insufficient funds. In the event that payment is declined, dishonored, or otherwise not accepted after services have been rendered by Website, Website shall be entitled to demand payment from User within twenty-four (24) hours of demanding the same. If User fails to pay outstanding charges within twenty-four (24) hours of a demand, Website may: (a) discontinue services; (b) deny access to User for any registered accounts; (c) take legal action to recover amounts owed; (d) refer the matter to collections. User shall be liable to Website for any fees associated with recovery of delinquent fees, overdraft fees, or any other fee associated with this Section.
If User is not satisfied with the services rendered or believes that services have not been rendered in accordance with the terms of this Agreement, the User may, under certain circumstances, seek a refund from Website. Submitting a refund request automatically cancels the order on which the refund was requested. A refund, if available, will only be given on the terms set forth below, and the User must follow the requirements stated in this Section.
The User holds the right to cancel an order provided that they have not undergone blood drawing. In the event of order cancellation within one week of its placement or creation, inclusive of weekends and holidays, contingent upon no specimen having been drawn, an administrative fee of five dollars ($5.00) shall be deducted from any refunded or returned amount.
If an order is canceled after one week of its creation or placement, inclusive of weekends and holidays, conditioned upon no specimen having been drawn, the User retains the option to request a partial refund, subject to an unavoidable administrative fee of twelve dollars ($12.00), deducted from any returned or refunded amount.
No refund shall be issued if services have been utilized, indicating that a specimen has been drawn. It is imperative to note that the order should not transition to an approved status for these cancellation terms to apply.
Refund requests initiated outside the month in which the order was placed will be automatically declined by the Website. Under such circumstances, Users are not entitled to either partial or full refunds. Although Users seeking a refund in a month different from the order placement month are ineligible for a refund, they may qualify for a non-cashable "credit" on the Website after deducting a $12.00 administrative fee. The issuance of such credit is solely at the discretion of the Website and is neither guaranteed, promised, nor obligatory. Any orders made using this credit must be initiated by contacting [email protected] with the subject line "Lab Testing API Inc. Credit.". The provisions of Section 8.1 do not apply to the purchase of “At Home Kit” testing through our affiliates, which is governed by Section 8.6.
Regardless of the timing of a refund request, Website will not issue a refund under the following circumstances: (a) after the User and/or Patient has presented his or her order for testing; (b) after User and/or Patient has received results from testing; (c) if User is in possession of multiple lab orders and submits the wrong, incorrect, or other order to the lab for testing; (d) if User utilizes, visits or attempts to obtain blood work at the incorrect laboratory; or (e) if the lab results are incorrect, inaccurate, or otherwise erroneous, and Website has not acted intentionally or grossly negligent in connection to those results.
If User cancels (including a request for refund on) any lab order that has been issued by Website, User must immediately destroy, deface, and otherwise dispose of all electronic and physical copies of the canceled order. Cancelled orders may not, under any circumstances, be used by User to obtain blood or lab testing services. If User utilizes an order which the User cancelled, User will be charged an administrative fee of fifty dollars ($50.00 USD) and will receive an invoice for the full amount of testing along with the above stated administrative fee within five (5) business days of the receipt of results on the Cancelled Order by Website. User must pay the invoice and the administrative fee within two (2) business days of receipt. If User does not make timely payment, a late fee of ten dollars ($10.00 USD) per month will be charged to the User account and will continue to accrue until the invoice has been paid. Further, in the event of nonpayment, the results of any blood work or lab testing will remain available to User. However, User’s access to the formatting of the results and the Website Platform and/or account may be suspended immediately.
If the User seeks a refund, regardless of the timing of the same, User must provide written notice to Website. This written notice must be sent via email to Website at [email protected]. The written notice must include (a) the identity of the User; (b) the date on which the incident, grievance, or issue occurred; (c) a detailed description of the nature of the grievance, incident, or issue that prompted the request for a refund; (d) a description of what User would like to see Website do to remedy the issue, incident, or grievance, and (e) attachment of proof of the incident, grievance, or issue if applicable.
After receipt of Notice by Website, Website will respond in writing within thirty (30) business days to the email address sending the Notice. The response will either: (a) accept the refund request, and issue a refund; (b) deny the refund request, with an explanation as to why a refund is not permitted; or (c) offer an alternative resolution to the issue, grievance, or incident including but not limited to a partial refund, a credit for future services, a discount code, or other alternative option in Website’s discretion.
At-home testing kits, orders can be cancelled for a full refund only within 24 hours of purchase and prior to shipment, whichever comes first. If the kit has already been shipped, refunds will be processed minus a $30 fee for shipping and handling. If a sample has been submitted for testing, cancellations or refunds will not be issued, and samples sent after a refund has been processed will not be tested. For health and safety reasons, we do not accept returned kits, and users are advised to dispose of unused kits responsibly. We do not offer refunds for missing packages, but in such cases, a replacement kit will be sent. Additionally, we do not offer refunds or replacements for expired test kits. If a kit arrives damaged or with missing components, users may request a free replacement within 30 days of purchase. All refunds will be credited to the original payment method used during the purchase. The Notice provisions stated in Section 8.3 are applicable to any refund request made under this Section.
User agrees that it shall not initiate a chargeback with a credit or debit company and/or any other electronic payment provider (such as PayPal, ApplePay, or Zelle) unless and until the Notice obligations set forth in ⁋ 8.2 have been completed in full. Any chargeback initiated prior to that date is unauthorized.
Website reserves the right to monitor the Website for violation of these terms and conditions and take appropriate legal action against any person, corporation, entity, and their agents, employees, assignees, or representatives for violation of these terms and conditions. Website may, in its sole discretion refuse, restrict, or limit access to any user who violates these terms and conditions. Website does not guarantee or warrant its availability to User. Website may experience hardware, software, or maintenance which will result in interruption or delay in access. Website is not liable for any harm caused by such delays. Nothing in these terms and conditions shall be construed as an obligation to maintain and support the Website or supply corrections, updates, or releases in connection therewith.
You are required to register with the Website. User agrees to keep his or her password confidential and is responsible for all use of the account and password. Website reserves the right to remove, reclaim, or change a username if determined that such name is inappropriate, obscene, or otherwise objectionable.
User may not access or use the Website for any purpose other than that for which Website is available. User may not make commercial use of the Website without specific written authorization. User is not permitted to engage in any of the following: systematically retrieve data or other content from the Website to create or compile a database or directory without written authorization; make unauthorized use of the Website, including collection of usernames or email addresses of Users for the purpose of sending unsolicited emails or creating automated means or under false pretense; using buying or purchasing agents to make purchases on the Website; using the Website to advertise, offer, or sell goods or services; circumvent, disable or otherwise interfere with security-related features of the Website; engaging in unauthorized framing or linking to the Website; tricking, defrauding, or misleading the Website or its users; making improper use of the support services to submit false reports of abuse or misconduct; engaging in any automated use of the system; interfering with, disrupting, or placing undue burden on the Website or the networks or services connected to the Website; attempting to impersonate another user or the username of another user; selling or otherwise transferring a profile; utilizing any information obtained from the Website to harass, abuse, or harm another person; utilizing the Website as part of any effort to compete with Website or for any other revenue-generating endeavor or commercial enterprise; decipher, decompile, disassemble, or reverse engineer any of the software comprising the Website; attempting to bypass any measures of the Website designed to restrict or prevent access of the Website; harass, annoy, intimidate, or threaten any employee or agent of the Website; deleting the copyright or other proprietary rights notice from Content; copying or adapting the Website software; uploading or transmitting any virus, trojan horse, or other material or engaging in other conduct that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use features, function or operation of the Website; uploading or transmitting material that actively or passively collects information (i.e., spyware, pcms, etc.); except as may be the result of standard search engine or internet browsing, use, launch, develop or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Website; disparage, tarnish, or otherwise harm (in the opinion of the Website) the Website; utilizing the Website in a manner inconsistent with any applicable laws or regulations.
If User provides untrue, inaccurate, outdated, or incomplete information the Website may suspend or terminate the User account and/or access and refuse any current or future use of the Website (or any portion thereof).
Website may provide a platform for reviews or ratings. By posting a review, User grants Website a perpetual, assignable, and royalty-free license to use and reproduce the content relating to your review.
When posting a review you must: have firsthand, personal knowledge with the Website; refrain from using offensive profanity or abusive, racist, offensive, or hate language; refrain from discriminatory statements; refrain from referencing illegal activity; refrain from utilizing or comparing competitors (if posting a negative review); refrain from making legal conclusions; contain only truthful (not false or misleading) statements; not seek to solicit others to post reviews (whether positive or negative).
The Website may accept, reject, or remove reviews in the sole discretion of the Website.
The Website has no liability for any claims, losses, or liabilities resulting from any review.
User acknowledges that any questions, comments, suggestions, ideas, feedback or other information regarding the Website submitted by User to Website are not confidential and become the sole property of Website upon submission by User.
This Website may contain links to other websites (“third-party sites”) or articles, photographs, text, pictures, applications, or other content. Website does not monitor, investigate, or check the accuracy of any content on a third-party site. The existence of third-party site information or link does not represent Website’s approval of the third-party site content. Website has no responsibility for any products, information, ideas, or other items derived, purchased, or downloaded from third-party sites and shall not be liable to User for monetary or physical harm to User caused directly or indirectly by those third-party products, contents or ideas.
Website may allow advertisers to display advertisements (“ads”) and other information on the Website. Advertisers take full responsibility of the content of their ads and the products sold thereby. Advertisers agree that ads posted on the Website comply with and subject to the DMCA (“Digital Millennium Copyright Act”). Website merely provides a space for the advertisement and has no other relationship to or liability from those ads.
The Website values privacy and security. Please review our Privacy Policy, which is also located on the Website at: https://www.labtestingapi.com/privacy-policy. The Website is hosted in the United States and accessing the Website from other regions of the world constitutes an agreement and consent to have your data transferred to and processed in the United States.
The following standard conditions shall apply to User.
These terms and conditions and User use of the Website shall be construed and interpreted in accord with the laws of the State of Florida, without regard to conflict of law principles.
The venue for any legal action, cause, or complaint arising from or relating in any way to these terms and conditions and/or User access and use of Website shall be in Broward County, Florida.
User acknowledges that by accessing the Website they will be subject to the personal jurisdiction of any county, circuit, or district (including appellate divisions thereof) in the State of Florida by and through their use of Website. User hereby waives any challenge to personal jurisdiction or forum non conveniens by engaging in the use of the Website and/or registering for the Website.
Prior to bringing legal action against Website, User must give notice of the intended legal action, which includes a detailed explanation of the alleged grievance and contains a demand for resolution thereof. Said notice must afford Website sixty (60) days to respond, comply, or otherwise receive notice. Notice is deemed to be “received” twenty-four (24) hours after it is sent by User. Notice must be electronically sent to: [email protected].
User agrees to defend, indemnify and hold Website harmless (including subsidiaries and affiliates) and all Websites officers, agents, partners, employees and representatives against any loss, damage, liability, claim or demand (including attorney’s fees) made by a third party arising out of: (1) User contributions to the Website; (2) User access to or use of the Website; (3) User breach of these terms and conditions; (4) violation of the rights of a third party, including, but not limited to intellectual property rights; or (5) overt harmful act toward any other user of the Website with whom connected via the Website (whether intentional or negligently made). Website reserves the right to assume exclusive defense (at User expense) of any matter for which User is required to indemnify Website.
User agrees to receive electronic communication from Website including all agreements, notices, disclosures, or other communications. Electronic acknowledgments and signatures are valid, binding, and enforceable in connection to agreements, notices, and disclosures electronically made or given.
These terms and conditions constitute the sole understanding of User and Website. User has not relied on any term, condition, representation, or promise which is not contained in these terms and conditions. User waives any claim for negligent or intentional misrepresentation expressly through this clause.
If any provision, term, or condition of these terms and conditions is found to be void, unenforceable, or unlawful the parties intend that the offending provision be severed and that the remaining terms and conditions remain in full force and effect.
There is no joint venture, partnership, employment, or agency relationship created by these terms and conditions or use of the Website by User.
Although these terms and conditions have been drafted by Website, User agrees that the terms shall not be construed against Website.
I hereby authorize (i) Lab Testing API Inc. (with its affiliates and staff, “Lab Testing API Inc.”) and (ii) Lab Testing API Inc. chosen Physician network including its physicians, their staff, agents and designees, and the laboratories that perform services requested by or consented by me to use and disclose health information about me in the manner and for the purposes stated below.
This authorization applies to the use and disclosure of the following information about me: all information in requests(s) submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the request(s) so submitted.
For the avoidance of doubt, I specifically authorize the transfer and release of this information to, between, and among myself and the following individuals, organizations, and their representatives:
The information which is the subject of this authorization will be used or disclosed for the following purposes:
This authorization evidences my informed decision to allow the release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization.
Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed if permitted by law. Lab Testing API Inc. or its chosen Physician Network may receive payment or other remuneration related to the use and disclosures herein.
I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by certain privacy laws. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization.
My written revocation must be submitted to, as applicable, Lab Testing API Inc. at:
c/o Lab Testing API Inc.
2810 N Church St #30986
Wilmington, Delaware
19802-4447, US
Attn: Michelle Chilcott