TERMS AND CONDITIONS
Revised October 23, 2021
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites) owned and controlled by Per-Lab LLC, including the www.perlabllc.com website (the “Site”).
I understand that Per-Lab LLC provides administrative services to PERLAB. Per-Lab LLC does not own medical practices, employ or in any way supervise or control the Providers providing care. The care provided by medical Services practice is the sole responsibility of each independent entity and the Providers.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By using our Services and this website you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, the Notice of Privacy Practices which shall be made available to you by Per-Lab, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
Binding Arbitration. These Terms of Use provide that all disputes between you and Per-Lab that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Per-Lab LLC.
PERLAB’s website, located at www.perlabllc.com and, PERLAB’s mobile applications, and other Services are owned and operated by Per-Lab LLC (and collectively with its subsidiaries, affiliates, successors, and assigns, “Perlab”, “we,” or “us”). Please read these terms of use (“Terms of Use”) carefully because they set forth the important terms you will need to know about the Services. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Use of the Services is governed by these Terms of Use, and by using the Services you agree to abide by these Terms of Use as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Services or any information or Content contained on the Services, as defined in these Terms of Use. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. If you do not agree with these Terms of Use, do not use the Services.
1. Privacy Practices
You agree that information provided by you in connection with the Services and Site shall be governed by the PerLab Privacy Policy, which is hereby incorporated and made a part of these Terms of Use.
2. Services Provided – No Medical or Mental Health Care or Advice by PerLab
PerLab does not provide medical advice or care. Providers are not contracted or employed by Per-Lab. The Providers, and not Per-Lab are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of PerLab and are merely using the Site as a way to coordinate access for you. Any information or advice received from a Provider comes from them alone, and not from Per-Lab. Your interactions with the providers at your in-person or telehealth examination are not intended to take the place of your relationship with any other of your health care practitioners or primary provider. Neither PerLab, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service, shall be liable for any professional advice obtained from a Provider at the in-person examination, nor any information obtained on the Site. PerLab does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers during the in-person examination is solely at your own risk and you assume full responsibility for all risks associated herewith. Per-Lab does not make any representations or warranties about the training or skill of any Providers who deliver clinical services. Care coordination will be assisted based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Per-Lab. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by PerLab, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While PerLab facilitates care coordination, Per-Lab does not provide medical or mental health services, and the doctor-patient relationship or therapist-patient relationship is between you and the Medical Services Provider you ultimately select.
Not for Emergencies
DO NOT USE PERLAB’S SITE AND SERVICES IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IF YOU ARE THINKING ABOUT SUICIDE OR ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOUR CURRENT HEALTHCARE PROVIDER HAS ADVISED AGAINST YOUR PARTICIPATION. IMMEDIATELY CALL “911” OR A CRISIS HOTLINE IF YOU HAVE A MEDICAL EMERGENCY OR FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN DANGER.
PERLAB’s Site and Services are for non-emergency use only. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately or a crisis hotline. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Receipt of In-Person or Telehealth Care
I understand that if I receive in-person or telehealth care from Providers as a result of using the Site, at the time of such care, the risks and benefits of treatment will be explained to me, and I will have the opportunity to ask my health care provider questions about such risks and benefits of treatment and anything I do not understand about the treatment.
3. Availability of Services
PerLab LLC operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Account Creation and Payment
Account Creation
Your desire to initiate Services does not necessarily ensure that we will accept your initiation of Services. We may require additional information regarding your initiation of Services if you have not provided all the information required by us to be completed. Once a properly completed initiation of Services and authorization of your form of payment is received, your initiation of Services will be processed. If, for some reason, it is determined that your initiation of Services cannot be consummated, we will cancel your account, and advise you of such action. We do not accept initiation of Services from dealers, wholesalers or other customers who intend to initiate Services for others.
Typographical Errors and Incorrect Pricing
In the event any services provided by PerLab are listed at an incorrect price due to typographical error or error in pricing information received from a third party, we, on behalf of any PerLab Services, shall have the right to refuse or cancel the provision of any services not yet rendered by PerLab and listed at the incorrect price and the initiation of Services if applicable. We shall have the right to refuse or cancel any such initiation of Services whether or not the Services have been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Return Policy
See our Return Policies posted on our Site.
Payments and Recurring Payments
You understand by providing your payment information on the Site, including but not limited to any credit card information or credit card hold information for current or future payments, you authorize Per-Lab to charge or facilitate the charge of the credit card or other payment method, including for automatic recurring payments, for all items and/or services you receive or are scheduled to receive from PERLAB
You represent and warrant that that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
5. Eligibility; Site Access Security and Restrictions; Passwords
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your PERLAB Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password. Your access to the Site may be revoked by PERLAB at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. PERLAB will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
6. Electronic Communications
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. PERLAB does not provide health care services and you acknowledge and agree that any such electronic communications shall not be for medical purposes or receipt of medical or mental health care. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. PERLAB may contact you by telephone, mail, or email to verify your Account information. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
7. Consent to Receive Calls
By providing your phone number, you are agreeing to be contacted by or on behalf of PERLAB at the number you have provided, including calls and text messages, to receive informational, Services related (e.g., progress tracking, appointment reminders, etc.) and marketing communications relating to the Site and Services. You can opt-out of receiving further calls and text messages from us by sending an email with the subject line “Opt Out” to info@perlabllc.com. Please include your full name in the body of this email. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you.
8. Ownership Of The Site And Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of Per-Lab LLC, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
9. No Users Under 18 Years Old
The Site and the Services are only for users of the age of 18 or older. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us at any time. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.
10. Accuracy of Information; Functionality
Although Per-Lab LLC attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Per-Lab so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Per-Lab shall have no responsibility or liability for information or content posted to the Site from any non-Per-Lab affiliated third party. Per-Lab LLC reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
11. Links to Other Sites
Per-Lab LLC makes no representations whatsoever about any other website that you may access through this Site. When you access a non-PERLAB site, please understand that it is independent from PERLAB, and that PerLab LLC has no control over the content on that website. In addition, a link to a non-PerLab website does not mean that Per-Lab LLC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
12. User Information
If you submit, upload, post, or transmit any personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to PerLab that you have the legal right and authorization to provide all User Information to PERLAB for use as set forth herein and required by Per-Lab LLC.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to PerLab ; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Per-Lab LLC, and the Providers from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of these Terms of Use.
13. Disclaimer of Warranties
PERLAB DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. PER-LAB DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF
THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. PER-LAB DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED AND SOLD BY PERLAB ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY PERLAB OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. PERLAB DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. PROVIDERS, UPON COMPLETION OF IN-PERSON / TELEMEDICINE MEDICAL OR MENTAL HEALTH EXAMINATIONS, SHALL USE THEIR OWN INDEPENDENT PROFESSIONAL DISCRETION AND JUDGEMENT TO PRESCRIBE DEA CONTROLLED OR SCHEDULED MEDICATIONS, OR CERTAIN OTHER DRUGS WHICH MAY BE HARMFUL BECAUSE OF THEIR POTENTIAL FOR ABUSE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRESCRIPTIONS OBTAINED AS A RESULT OF IN-PERSON/TELEMEDICINE EXAMINATIONS BY PROVIDERS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. PERLAB DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM ACCESS TO HEALTH CARE MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO PRESCRIPTIONS DULY ORDERED BY PROVIDERS.
14. Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
15. Indemnification
You agree to defend, indemnify, and hold PERLAB from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services, or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to PERLAB or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
16. Revisions; General
PERLAB reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.
17. COVID-19 Testing
You understand and agree that: By completing the questions asked on this website and (i) having a COVID-19 test kit ordered or (ii) self-administering or receiving a COVID-19 test you understand and consent to having personnel or contracted individuals observe the collection of your saliva, throat or nasal sample which will allow for processing of your sample and generation of testing results by Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C. §263a certified high-complexity laboratories or laboratories capable of conducting waived testing (each, a “Laboratory”), and is solely responsible for processing my COVID-19 test kit. You acknowledge that the COVID-19 tests used by PERLAB are manufactured by third parties and are authorized by the FDA under an Emergency Use Authorization (“EUA”) for use by Laboratories during the current SARS-CoV-2 virus public health emergency; that these tests have not been cleared or approved by the FDA; that FDA may withdraw or revise an EUA at any time. No guarantees have been made to you regarding the results of your COVID-19 test. You understand and acknowledge that the test and testing process may have potential risks associated with them, such as possible discomfort or complications that may occur during sample collection, and possible false negative, false positive, or inconclusive test results. The information you have provided on this website and any information you provide during your sample collection is truthful and complete to the best of your knowledge. In the event you provide a third party with your results from a COVID-19 test for any reason, PERLAB is not responsible for any actions such third party may or may not take as a result of you providing your test result to such third party. Further, you understand and acknowledge that PERLAB cannot accept returns of any COVID-19 tests for resale, and that all sales of COVID-19 tests are final. You have read, understand and agree to all of the above terms on this page and you agree to the payment terms.
18. SMS Texting
These supplemental terms apply to individuals who have subscribed and expressly consented to receive text messages from PERLAB (“Text Service”), in addition the other provisions of these Terms of Use. In the event of a conflict between this Section 26 and any other terms herein, this Section 26 shall prevail.
When you opt-in to the Text Service, we will send you an SMS message to confirm your signup for PERLAB notifications and alerts.