LAST REVISION: SEPTEMBER 14, 2020
Purlab, LLC (“Purlab”, “we”, “us”, or “our”) operates this website and mobile application (collectively, the “App”). The App enables you to easily review and receive results of COVID-19 testing provided by Purlab Medical, PA (Purlab Medical”), an independent, physician-owned medical group (the “Service”). The terms “you” and “yours” refer to the person using the App, or in the case of a use of the App on behalf of an individual minor under the age of eighteen (18) or higher age of majority under applicable state law, “you” and “yours” refer to and include the parent or legal guardian who uses the App on behalf of such minor. We offer an online communication platform for Purlab Medical and their patients to connect via the App. You understand and agree that by creating an Account, answering COVID-19 questionnaires, and ordering a COVID-19 test, you consent to having your saliva sample and personal information sent to an independent testing laboratory that is solely responsible for processing your COVID-19 tests. The independent testing laboratory will provide test results to Purlab and Purlab will make results available to you through the App. Neither Purlab nor Purlab Medical can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your personal health care provider’s ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your personal health care provider’s ability to correctly diagnose or treat your medical conditions. Purlab does not provide medical advice or care. Purlab Medical providers are independently contracted or employed by Purlab Medical. Providers are not contracted or employed by Purlab. The providers, and not Purlab, are responsible for the quality and appropriateness of the care they render to you. The providers are independent of Purlab and are merely using the App as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from Purlab. Your interactions with the providers via the App are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Purlab, nor any of its subsidiaries or affiliates or any third party who may promote the App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a provider via the App or Service, nor any information obtained on the App. You acknowledge that your reliance on any providers or information delivered by the providers via the App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith. Purlab does not make any representations or warranties about the training or skill of any providers who deliver services via the App or Service.
The content of the App 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 Purlab. 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 Purlab, or in connection with any communications supported by Purlab, 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.
IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE
DO NOT USE THIS APP FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
5. Use of the App and the Service. You are responsible for your use of the App and Service, and for any use of the App or Service made using your account. You understand that it is your duty to provide Purlab truthful, accurate and complete information. By using the Services, you agree to follow all instructions provided to you before, during, and after the delivery of Services, including instructions for COVID-19 testing. Failure to follow all instructions may result in incomplete or inaccurate results and/or potential harm to your health. We prohibit certain kinds of conduct that may be harmful to users or to us. When you use the App or Service, you may not:
· violate any law or regulation;
· violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
· upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
· send unsolicited or unauthorized advertising or commercial communications, such as spam;
· engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
· transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
· impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
· attempt to circumvent any technological measure implemented by us or any other third party to protect Services;
· attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
· access the Services for use outside of the United States of America; or
· advocate, encourage, or assist any third party in doing any of the foregoing.
7. Security. Your personal information will be stored in a reasonably secure manner. Purlab has contracted with vendors to implemented a variety of commercially reasonable standard encryption and security technologies and procedures to protect your personal information from unauthorized access. Purlab, through its vendors, also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
10. Operation and Record Retention. By using the App, you understand and agree that Purlab reserves complete and sole discretion with respect to the operation of the App or Service, and that Purlab may, among other things withdraw, suspend or discontinue any functionality or feature of the App or Service. Subject to applicable law, Purlab reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Service pursuant to their internal record retention and/or destruction policies.
11. Notice Regarding Your Financial Responsibility for Services. Purlab MSO and Purlab Medical are not enrolled with or a participating provider with any third party payor, including, but not limited to, any federal or state healthcare program (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, neither Purlab Medical may receive payment from such programs for the services or products provided to you by Purlab Medical. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any third party insurance (including, but, not limited to, any federal or state healthcare program); provided, however, that you may submit for reimbursement if desired. Purlab Medical and Purlab MSO do not make any representations or guarantees relating to reimbursement for the Service provided hereunder by any third party payor. Thus, to the extent applicable, you are solely responsible for the costs of any service or product provided to you. By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services outside on a cash basis outside of any insurance program and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither Purlab MSO or Purlab Medical will submit a claim for reimbursement to any insurance program or third party payor for the costs of the services and products provided to you through the Service.
12. Communications Consent and Communications Risks of Using the App. Communications from applications like the App can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the App, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. In the event of a technological disruption, an alternative communication pathway may be recommended. Anyone who has access to the App or any electronic communications can read, forward, copy, delete, or change the message, view your personal information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the App and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information and marketing communications from us. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, surveys, and educational information. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the App or related App communications to any third party, they may no longer be protected by our privacy and security policies. You also understand and accept that message/data rates may apply for the messages described in this consent.
15. Trademarks. Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks”) of Purlab or other entities. You are not authorized to use any such Marks without the express written permission of such entities. Ownership of all such Marks and the goodwill associated therewith remain with the owning entities or their authorized licensees.
16. Termination. Purlab may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Purlab reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Purlab will have no further obligation to provide the Service.
18. Links. This App may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this App. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.
19. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
THE APP, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, PURLAB AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP, OR THE OPERATION OR FUNCTION OF THE APP, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE APP OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN PURLAB AND ITS AFFILIATES AND PURLAB AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. PURLAB AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE APP, NOR DOES PURLAB ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE APP.
PURLAB IS NOT LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE APP, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE APP, THE SERVICE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF PURLAB HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF PURLAB’ OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE APP AND THAT PURLAB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.
PURLAB AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP BY ANY THIRD PARTY; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF PURLAB’ OWN NEGLIGENCE; OR (h) FAILURE TO FOLLOW INSTRUCTIONS PROVIDED BY PURLAB AND ITS AFFILIATES IN THE DELIVERY AND RECEIPT OF SERVICES, INCLUDING BUT NOT LIMITED TO COVID-19 TESTING INSTRUCTIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS APP, THE SERVICE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE APP. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT PURCHASED THROUGH THIS APP, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR REPLACEMENT IN ACCORDANCE WITH OUR REFUND POLICY.
The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of Purlab’s liabilities, shall apply to the fullest extent permitted by law.
This arbitration agreement does not preclude you or Purlab from seeking action by federal, state, or local government agencies. You and Purlab also have the right to bring qualifying claims in small claims court. In addition, you and Purlab retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
22. Digital Millennium Copyright Act of 1998 (the “DMCA”). We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the App has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to: firstname.lastname@example.org.
To be effective the notification should include:
· identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
· identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the App;
· information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
· your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the App without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.