ABC Lab eReports Terms and Conditions of Use
Welcome to the Healthcare Databank, Inc. app and related interactive features, products, services, applications or downloads (collectively, the "ABC Lab eReports") that is owned by Healthcare Databank, Inc. ("Healthcare Databank," "we" and "us") and provides various opportunities on behalf of American Bio-Clinical Laboratories ("American Bio-Clinical Laboratories") to the person registering for the ABC Lab eReports and/or using the Service ("you") to view test results and other information about you made available through the ABC Lab eReports, and to otherwise utilize services offered through the ABC Lab eReports on behalf of American Bio-Clinical Laboratories (the "Services").
BY USING OUR ABC LAB EREPORTS YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS ("TERMS"), AND ALL OTHER POLICIES, RULES, GUIDELINES, TERMS AND CONDITIONS ESTABLISHED FOR THE ABC LAB EREPORTS AND SERVICES AS SET FORTH THEREON (COLLECTIVELY "POLICIES"), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS ABC LAB EREPORTS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR ABC LAB EREPORTS OR ANY AFFILIATE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Not Medical Advice
INFORMATION PROVIDED ON THE ABC LAB EREPORTS ABOUT TESTS, CONDITIONS, DIAGNOSES, TREATMENTS, OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE. THE ABC LAB EREPORTS DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION. TEST RESULTS ARE NOT A DIAGNOSIS, TREATMENT, OR PROTOCOL FOR ANY DISEASE OR CONDITION.
Not a Substitute for Professional Judgment
YOU TAKE FULL RESPONSIBILITY FOR THE USE OF INFORMATION CONTAINED IN OR ACCESSED THROUGH THE ABC LAB EREPORTS AND SERVICES AND ACKNOWLEDGE THAT THE USE OF THE ABC LAB EREPORTS AND SERVICES IS IN NO WAY INTENDED TO REPLACE OR SUBSTITUTE FOR PROFESSIONAL OR BUSINESS JUDGMENT. YOU ACKNOWLEDGE THAT THE PROFESSIONAL DUTY TO THE PATIENT IN PROVIDING HEALTH CARE SERVICES LIES SOLELY WITH HEALTH CARE PROFESSIONALS PROVIDING PATIENT CARE AND OTHER ADMINISTRATIVE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL ACTS OR OMISSIONS BY SUCH HEALTH CARE PROFESSIONALS. ANY USE OR RELIANCE BY YOU UPON THE ABC LAB EREPORTS SHALL NOT DIMINISH THAT RESPONSIBILITY. YOU ACKNOWLEDGE AND AGREE THAT LABORATORY TEST RESULTS MAY BE INACCURATE THOUGH NO FAULT OF HEALTHCARE DATABANK OR AMERICAN BIO-CLINICAL LABORATORIES. YOU WILL NOT HAVE ANY CLAIM OR CAUSE OF ACTION AGAINST HEALTHCARE DATABANK OR AMERICAN BIO-CLINICAL LABORATORIES AS A RESULT OF PATIENT CARE, DIAGNOSIS, TREATMENT PLAN, RECOMMENDATION OR OTHER SERVICES RENDERED OR WITHHELD IN CONNECTION WITH THE USE OF THE ABC LAB EREPORTS AND SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE ABC LAB EREPORTS.
Accounts, Passwords and Security
In order to access some features of the ABC Lab eReports, such as viewing test results, you will have to register and create an account with Healthcare Databank. You may never use another individual’s account without permission. When creating your account, you must provide accurate and complete information, and you must maintain and promptly update your account information to keep it accurate, current and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Healthcare Databank immediately of any breach of security or unauthorized use of your account. Although Healthcare Databank will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Healthcare Databank or others due to such unauthorized use.
Acceptable Use You agree not to reproduce, publish, or distribute data or content in connection with the ABC Lab eReports that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
You agree not to copy or distribute in any medium any part of the ABC Lab eReports without Healthcare Databank’s prior written authorization. You agree not to alter or modify, or attempt to alter or modify, any part of the ABC Lab eReports, including any of Healthcare Databank’s related technologies, or create derivative works or other products or services based upon the ABC Lab eReports.
You agree not to use any robot, spider, scraper or other automated means to access the ABC Lab eReports for any purpose without our express written permission. You agree not to: (i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the ABC Lab eReports or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the ABC Lab eReports, or (iii) bypass, circumvent, disable or otherwise interfere any measures we may use to prevent or restrict access to the ABC Lab eReports. Any unauthorized use of our computer systems is a violation of these Terms.
You acknowledge that your activities using the ABC Lab eReports may be tracked and are subject to audit.
You agree not to use the ABC Lab eReports in any way for unlawful purposes or that constitutes or encourages any unlawful activities or to take any action that would render the operation or use of the ABC Lab eReports by Healthcare Databank or any other user unlawful.
Accuracy of Information
We attempt to ensure that information on the ABC Lab eReports is complete, accurate and current. We may make changes to information on the ABC Lab eReports, including but not limited to the availability of any test result or other information, without notice. Despite our efforts, the information on the ABC Lab eReports may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this ABC Lab eReports.
We reserve the right to change, suspend or discontinue any aspect of the ABC Lab eReports or Services at any time, without notice and at our sole discretion. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the ABC Lab eReports or Services or any portion thereof.
We are not responsible for maintaining any test results or other data for you or for any lost data resulting from the use, operation or discontinuation of any aspect of the ABC Lab eReports or Services. You are solely responsible for maintaining records of any test results or other information generated or stored through the use of the ABC Lab eReports or Services.
We are not responsible or liable to you or any other person for our cooperation with any law enforcement authorities, court order, subpoena or governmental authority requesting or directing us to disclose information, including personally identifiable information, regarding you or your use of the ABC Lab eReports or Services, or the use or disclosure of any information, including personally identifiable information regarding you or your use of the ABC Lab eReports or Services to protect our rights, clients or business.
Copyright, Trademark, Ownership
All of the content displayed on the ABC Lab eReports, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Healthcare Databank, its licensors, agents or its Content providers, including but not limited to American Bio-Clinical Laboratories. All elements of the ABC Lab eReports, including, without limitation, the ABC Lab eReports’s general design, Healthcare Databank’s trademarks, service marks, trade names (including Healthcare Databank’s name, logos, the ABC Lab eReports name, and the ABC Lab eReports design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The ABC Lab eReports may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the ABC Lab eReports, you are authorized to view, print and download documents, audio and video found on our ABC Lab eReports for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Healthcare Databank’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the ABC Lab eReports, without Healthcare Databank’s prior written consent. The use of Healthcare Databank’s trademarks on any other ABC Lab eReports is not allowed. Healthcare Databank prohibits the use of Healthcare Databank’s trademarks as a "hot" link on or to any other ABC Lab eReports unless establishment of such a link is approved in advance. The ABC Lab eReports, its Content and all related rights shall remain the exclusive property of Healthcare Databank or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the ABC Lab eReports.
Running or displaying this ABC Lab eReports or any information or material displayed on this ABC Lab eReports in frames or through similar means on another ABC Lab eReports without our prior written permission is prohibited. From time to time, this ABC Lab eReports may contain links to third-party ABC Lab eReportss that are not owned, operated or controlled by Healthcare Databank or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this ABC Lab eReports. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other ABC Lab eReportss. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other ABC Lab eReportss, or any content, materials or other information located or accessible from any other ABC Lab eReportss, or the results that you may obtain from using any other ABC Lab eReportss. If you decide to access any other ABC Lab eReportss linked to or from this ABC Lab eReports, you do so entirely at your own risk.
Disclaimers; Limitation on Liability
Your use of thIS ABC Lab eReports is at your OWN risk. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE ABC LAB EREPORTS OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ABC LAB EREPORTS AND ANY PRODUCTS AND SERVICES LISTED OR DESCRIBED ON THE ABC LAB EREPORTS. WE DO NOT REPRESENT OR WARRANT THAT THE ABC LAB EREPORTS OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ABC LAB EREPORTS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE ABC LAB EREPORTS OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE ABC LAB EREPORTS MAY BE OUT OF DATE, AND NEITHER HEALTHCARE DATABANK NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, INCLUDING TESTING AND TEST RESULT DEFECTS AND FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THE INFORMATION PRESENTED ON THE ABC LAB EREPORTS DOES NOT GUARANTEE ANY INSURANCE, INCENTIVE, OR OTHER BENEFITS WILL BE PAID.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HEALTHCARE DATABANK OR HEALTHCARE DATABANK’S ABC LAB EREPORTS, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
HEALTHCARE DATABANK does not assume any responsibility FOR and will NOT be liable, for any damage to or any virus that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing this ABC Lab eReports, or your downloading of OR ACCESSING any materials from thE ABC Lab eReports. IN NO EVENT WILL HEALTHCARE DATABANK OR AMERICAN BIO-CLINICAL LABORATORIES, OR ANY OF EITHER ENTITIES’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, CUSTOMERS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS ABC LAB EREPORTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS ABC LAB EREPORTS, ANY ABC LAB EREPORTSS LINKED TO THIS ABC LAB EREPORTS, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE ABC LAB EREPORTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE ABC LAB EREPORTS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ABC LAB EREPORTS.
Healthcare Databank is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
You agree to defend, indemnify and hold Healthcare Databank and American Bio-Clinical Laboratories, any parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney's fees, litigation expenses and settlement amounts) arising from or related to (i) your use of, or inability to use, the ABC Lab eReports or your placement or transmission of any message or information on the ABC Lab eReports by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Healthcare Databank; or (vi) any negligence or willful misconduct by you.
In the event that you have a dispute with another user or other party related to the ABC Lab eReports, you release Healthcare Databank and American Bio-Clinical Laboratories (and all officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Healthcare Databank may suspend or terminate your use of this ABC Lab eReports at any time, for any reason or for no reason, without notice. We may also block your access to our ABC Lab eReports in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. We also reserve the right to terminate or deactivate accounts that are inactive for an extended period of time.
Healthcare Databank reserves the right to change, suspend or discontinue any aspect of the ABC Lab eReports or any services or products offered at any time, without notice and at its sole discretion. Healthcare Databank will not be liable to you or to any third party for any modification, suspension, or discontinuance of the ABC Lab eReports, or any product or service, or any portion thereof.
Upon any such termination, your rights to access and use the ABC Lab eReports and Services shall automatically terminate. Healthcare Databank has no obligation to display on the ABC Lab eReports or to store and maintain for you any test results or other information provided through the Services.
Representations and Warranties
You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with Healthcare Databank and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) if necessary you have obtained all authorizations and consents of each and every individual who is the subject matter of testing, or whose name or likeness is used in the manner contemplated by the ABC Lab eReports and these Terms; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) Healthcare Databank’s or your use of any information you have submitted, or use of any test results or other information provided through Healthcare Databank’s services or products will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity and will not constitute, in whole or in part, any other act or omission that could give rise to civil and/or criminal liability.
Any claim arising out of or relating to the use of, this ABC Lab eReports and the materials contained herein is governed by the laws of the State of California, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms or the ABC Lab eReports will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the ABC Lab eReports must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the ABC Lab eReports.
All rights not granted herein are expressly reserved to Healthcare Databank, Inc.