Privacy & Terms of Service
PRIVACY POLICY
This Privacy Policy was last updated on September 9, 2020
Our Policy
Lab Express Inc. ("LXI” "we", "us" and/or "our") offers a web-based software-as-a-service to provide tools to access, understand, and communicate patient lab test results (the "Service") to users of our Service ("you", "your"). This Privacy Policy sets forth LXI's policy with respect to information including personally identifiable data and other information that is collected from users through the Service ("Personal Data").
This privacy policy is designed to inform you about how LXI gathers and uses Personal Data collected by us in connection with the Service. We will take reasonable steps to protect user privacy consistent with the guidelines set forth in this policy and with applicable U.S. laws. In this policy, "user" or "you" means any person using or otherwise benefiting from the Service, registering with us by creating an account, or participating in any other activities available through the Service. This Privacy Policy (this "Policy") is subject to the provisions our Terms of Service, which are incorporated by reference.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
Information We Collect
When you use and interact with us through the Service, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Service: We collect personal information from you when you voluntarily provide such information, such as when you contact us with inquiries, register for access to the Service or use the Service. This information can include: first and last names, physical addresses, email addresses, telephone numbers, social security numbers and date of birth data. This personal information is considered "Personal Data" and is subject to this Policy.
Health Information: We provide services to healthcare providers. In providing services to healthcare providers, we receive patient health information, including information pertaining to current and prior treatment, diagnosis, and which may contain your social security number, family health history, emergency contact information, details of your physical appearance and health. All this health information is considered "Personal Data" and is subject to this Policy.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Policy. If you provide Personal Data to this Service, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of LXI and the authorized third parties referred to herein located in the United States.
Non-Identifiable Data: When you interact with LXI through the Service, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. LXI may store such information itself or such information may be included in databases owned and maintained by LXI affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to the Service, the number of visitors to each page of the Service, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
In operating the Service, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts the Service gives to your browser when you access the Service. Our cookies help provide additional functionality to the Service and help us analyze Service usage more accurately. For instance, the Service may set a cookie on your browser that allows you to access the Service without needing to remember and then enter a password more than once during a visit to the Service. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service's features.
Our Use of Your Personal Data and Other Information
LXI uses the Personal Data that we receive from you and our customers in a manner that is consistent with this Policy. We use your health information results to make the results available to you and your healthcare providers. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Service, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. LXI may also use your Personal Data and other personally non-identifiable information collected through the Service to help us improve the content and functionality of the Service, to better understand our users and to improve the Service.
If LXI intends on using any Personal Data in any manner that is not consistent with this Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
Our Disclosure of Your Personal Data and Other Information
LXI is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Treatment and Healthcare Operations: We provide your healthcare providers with access to your health information for treatment and healthcare operations as permitted under applicable law. For example, on behalf of lab customers, we make the results of current and prior lab tests available to your healthcare providers for treatment.
Agents, Affiliates, Consultants and Related Third Parties: LXI, like many businesses, sometimes hires other third-party or affiliated companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: LXI may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of LXI, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Children
LXI does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to LXI through the Service, please contact us, and we will endeavor to delete that information from our databases.
Links to Other Web Sites
This Privacy Policy applies only to the Service. This Service may contain links to other websites not operated or controlled by LXI (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. Users should be aware of this when they leave our Service and review the privacy statements of each Third Party Site. This Privacy Policy applies solely to information collected by the Service.
Security
LXI takes reasonable steps to protect the Personal Data provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to LXI via the Internet.
In addition, we limit LXI employees and contractors' access to Personal Data. Only those employees and contractors with a business reason to know have access to this information. We educate our employees about the importance of maintaining confidentiality of your information.
Your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services that you visit. Like many websites and other online services, LXI does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you can visit http://www.allaboutdnt.com.
Changes to Our Privacy Policy
LXI reserves the right to update or modify this Policy at any time and from time to time without prior notice. Please review this Policy periodically, and especially before you provide any Personal Data. This Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Policy shall indicate your agreement with the terms of such revised Policy.
Access to Information; Contacting Us
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to amend, update or correct Personal Data in our possession that you have previously submitted via the Service. You may also update your Personal Data from your profile page through your online account.
Please also feel free to contact us if you have any questions about this Privacy or our information practices.
You may contact us as follows: info@labxpress.com or 602-273-9000
Terms of Service Agreement
Last Updated September 9, 2020
1. Acceptance of the Terms and Conditions
1.1. Lab Express Inc. (herein referred to as the "LXI", "we", "us" or "our") provides the information, features, and services available on or through the Testresults.com (the "Service") to our users ("you", "your"). All use of the Service is subject to the terms and conditions contained in this Terms of Service Agreement (the "Agreement"). Please read this Agreement carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Service.
1.2. You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Service" link on the Testresults.com Home Page. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
1.3. Your access to and use of the Service is also subject to LXI Privacy Policy, the terms and conditions of which are hereby incorporated herein by reference.
2. Use of the Service
2.1. This Service contains material, including but not limited to software, text, graphics and images (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and the Service shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2. The trademarks, service marks, and logos of LXI used and displayed on this Service ("Trademarks") are registered and unregistered trademarks or service marks of LXI. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of LXI specifically granted for each such use. The Trademarks may not be used to disparage LXI, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Service is prohibited without LXI prior written consent.
2.3. All software embodied in the Testresults.com website or otherwise used by LXI to deliver the Service ("Software"), and all data generated through use of the Service ("Use Data"), is proprietary to us or to our third party licensors and is protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Use Data is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
2.4. You agree not to: (a) take any action that imposes an unreasonable load on the Service's infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service, (d) delete or alter any material posted on the Service by LXI or any other person or entity, or (e) frame or link to any of the materials or information available on the Service.
4. Your Account
4.1. You must provide accurate and complete registration information any time you register to use the Service. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to your account, and to maintain and update promptly any changes in this information.
4.2. You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify LXI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LXI shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.
4.3. The following actions are expressly prohibited in relation to your username and password:
(i) Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your username and password;
(ii) Using the username and password to cache the Service in such a manner as to be accessible by persons who have not registered with LXI; or
(iii) Using the username and password to permit multiple persons access to the Service through a local or wide area network.
4.4. If you have forgotten your username or password, the Service will use an email address provided by you to send your username or temporary password. You understand that others using the same email address will be able to gain access to your account information.
4.5. Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Service, or You must be the legal guardian for someone under age 18 whose data is accessed through the Account Service.
4.6. If you use a mobile device to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.
5. Limitation of Liability and Disclaimer of Warranties
5.1. LXI, its affiliates, their respective owners, officers, directors, employees, agents, suppliers, or licensors (collectively, the "company parties") make no warranties or representations about the content, including but not limited to its accuracy, reliability, completeness, timeliness or reliability. LXI shall not be subject to liability for the truth, accuracy or completeness of the content or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the service and the content at your own risk.
LXI does not warrant that the service will operate error free or that the service, its server, or the content are free of computer viruses or similar contamination or destructive features. If your use of the service or the content results in the need for servicing or replacing equipment or data, LXI shall not be responsible for those costs.
The service and content are provided on an "as is" and "as available" basis without any warranties of any kind. LXI disclaims all warranties, including, but not limited to, the warranties of title, merchantability, non infringement of third parties rights, and fitness for particular purpose.
5.2. In no event shall LXI be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the service and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if LXI has been advised of the possibility of such damages.
6. Indemnification
You agree to defend, indemnify, and hold harmless LXI from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content, Trademarks or the Service. LXI shall provide notice to you of any such claim, suit, or proceeding. LXI reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting LXI defense of such matter.
7. Termination of the Agreement
7.1. LXI reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service or the Content at any time and for any reason without prior notice or liability. LXI reserves the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.
7.2. Sections 2 (Use of the Service), 4 (Your Account), 5 (Limitation of Liability and Warranty), 6 (Indemnification), 7 (Termination of Agreement), shall survive the termination of this Agreement.
8. User Must Comply with Applicable Laws
8.1. This Service is hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
8.2. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are not a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
9. U.S. Government Restricted Rights
The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Service or Content by the Government constitutes acknowledgement of our proprietary rights in the Service and Content.