USER TERMS AND CONDITIONS


1. General. This portal (the “Application”) permits you to order and request the performance of certain diagnostic laboratory testing performed by Great Lakes Medical Laboratory, Inc. (the “Company”) on a self-pay basis without a physician’s order or the requirement to establish medical necessity. Company hereby grants you the non-exclusive, non-transferrable right and license to use this site and service. This service is intended to provide a platform for convenience for services that are not intended to be reimbursable by any third party payer or program and that are requested directly by the patient knowingly and voluntarily, in view of the foregoing. By accepting these terms and conditions and using this site and the services within it, you agree to be bound and abide by the terms and conditions for use as set forth here and in rules and regulations as amended by Company from time to time. In addition to the foregoing, you agree (i) not to translate, decompile or create or attempt to create, by reverse engineering or otherwise, the source code from any object code relating to this Application, (ii) not adapt this Application in any way or use it to create a derivative work, (iii) not remove, obscure or alter any proprietary notices, trademarks or other proprietary rights notices affixed or contained in this Application, (iv) not use the Application in any manner, or in connection with any content, data, hardware, software or other materials that (a) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, (b) constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third-party right or is threatening, harassing or malicious, or (c) violates any applicable international, federal, state or local law, rule, legislation, regulation or ordinance, (v) not use the Application for any illegal, obscene, offensive or immoral purpose, and (vi) you shall not use this Application for the purposes of transmitting any viruses, worms, trojan horses and other malicious code.

2. Reservation of Rights. Company hereby reserves any and all rights not expressly and explicitly granted in these terms and conditions, including, but not limited to, the right to authorize or license use of this Application to any third party for use in connection with any goods or services. If Company reasonably determines that your use of this Application contains or presents any improper use or content in Company’s sole discretion, it may suspend or revoke your right to use the Application.

3. Scope of Service. This Application is not intended to be, nor shall it be construed as being, provided for any other reason or purpose than to provide an electronic platform for patients to order certain diagnostic laboratory tests for themselves on a voluntary, knowing, and self-pay basis. This Application is not intended to be, nor should it be utilized as, a substitute for professional medical evaluation, diagnosis, advice and treatment. This Application is not intended for use by physicians on behalf of their patients or for diagnostic tests for which patients may or will seek to submit a claim to, or seek reimbursement from, any third party payer or program. If you have a medical condition you should always seek the advice of your physician or other qualified health care provider. Do not disregard any professional medical advice from your physician or other medical provider. If you need medical treatment, you should consult directly with your qualified health care provider. In the event of a medical emergency, call 911 or proceed to the nearest emergency department immediately.

4. No Recommendation. The interactive nature of this Application may permit you to ask questions of licensed health care providers in connection with the subject matter provided in the Application, this Application is not intended to be or provide any recommendation, advocacy, and/or prescription of any particular treatment modality. You should not rely on any information provided in the use of this Application in connection with your own health care and treatment. You must discuss such matters with your own health care providers.

5. Customer’s Risk. By utilizing this Application, you acknowledge and agree that it is provided “as is” and without any warranty. You agree that the Company and its employees, agents and independent contractors are not liable for, and that you will not seek to hold them liable, for any injuries, damages, liabilities, actions, suits, fees, or other consequences that you may allege result from your use of the Application.

6. Payment. You acknowledge and agree that you are personally and directly responsible for payment to the Company for all services provided to you ordered and obtain using this Application and you agree to pay the Company such fees upon demand for the same or otherwise in accordance with the Company’s requests. You agree that you shall not submit any claim to, or seek reimbursement from, any third party payer or program, including, but not limited to Medicare, for the services provided to you by the Company pursuant to this Application,.

7. Disclaimer of Warranties. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

8. Not a Custodian of Medical Records. You acknowledge and agree that Company is not a keeper or custodian of medical records and it is not a purpose or intention of Company to keep and maintain any records and/or other documentation of your care and treatment. You must look solely to your health care providers if you seek medical and clinical records of treatment. Despite the foregoing, the Company will keep a record of the diagnostic testing performed and the results of the same in the ordinary and customary course of its business and in accordance with applicable laws and regulations.

9. Governing Law. All questions as to the interpretation, construction, and performance of respective obligations under these terms and conditions shall be governed by Michigan law.