Terms and Conditions
1. Scope of These Terms and Conditions
Terms and Conditions of Use
These Terms and Conditions apply to your access and use of www.filoshealthlab.com and all associated websites and online applications operated by Filos Health Laboratory Inc. and its affiliates or subsidiaries (collectively, “Filos Health,” “we,” “our,” “us”) that link to or incorporate these Terms and Conditions (collectively referred to as the “Online Services”). Please read these Terms and Conditions carefully. Your use of the Online Services and the associated information, materials, products, tools, and services are subject to these Terms and Conditions, regardless of whether or not you have an account linked to your name and/or contact information (“Account”).
By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms and Conditions. If you do not understand or agree to these Terms and Conditions, you should not access or use the Online Services.
When you use specific Online Services (e.g., personalized diagnostic tools or patient portals), we may provide additional terms and conditions that apply to those specific Online Services. Such additional terms will supplement the general terms contained herein. In the event of any conflict between these Terms and Conditions and the Online Service-specific terms, the Online Service-specific terms shall govern for the respective service.
IMPORTANT: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS.
1. Privacy Statement
Our Privacy Statement explains how Filos Health Laboratory Inc. collects, uses, discloses, and protects information about you through the Online Services, except for protected health information (PHI) covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). For details on our privacy practices, please review our Privacy Statement.
2. Disclaimer of Content
The Online Services provide general information about Filos Health Laboratory Inc., its subsidiaries, and the diagnostic and clinical services we offer. These include diagnostic testing, data analysis, clinical trials, employer health management solutions, and information about various health conditions.
The clinical information available in specific sections of the Online Services is intended for use by healthcare professionals. Healthcare providers are advised to exercise their professional clinical judgment when utilizing the content, tools, or databases provided.
For other website visitors, the information found on the Online Services is not intended to replace a relationship with your physician or healthcare professional. It should not be relied upon as a substitute for professional medical advice. Always consult your physician or another qualified healthcare provider with any questions regarding medical conditions, treatments, or medications. In the event of a medical emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard it because of information found on the Online Services.
The information and services provided through the Online Services are for general educational purposes only and are not medical advice, diagnoses, or treatments for any individual’s health concerns. Accessing or using the Online Services does not establish a doctor-patient relationship with Filos Health Laboratory Inc. You acknowledge that the content of the Online Services does not have the capacity to diagnose diseases, prescribe treatments, or perform tasks that constitute the practice of medicine.
While Filos Health Laboratory Inc. strives to ensure the accuracy and currency of the information provided on the Online Services, it is not guaranteed to be error-free or comprehensive. The Online Services should not be considered a complete source of information on any subject. Filos Health Laboratory Inc. makes no warranties or representations regarding the accuracy or reliability of the information and assumes no responsibility for actions taken based on the material provided. Use of the Online Services is at your own risk, and the responsibility for any consequences resulting from their use lies solely with you.
Features and specifications of the products or services described on the Online Services are subject to change without notice.
Certain health-related content on the Online Services may be provided by third parties. For example, content may include resources such as Lab Tests Online®, published by the American Association for Clinical Chemistry (AACC). Please note that the AACC has not reviewed or endorsed any information, products, or services other than those explicitly identified as being from Lab Tests Online®.
3. Copyright, Trademarks, and Other Intellectual Property
The content and materials available on Filos Health Laboratory’s Online Services are protected by copyright, trademark, patent, and other applicable laws. These materials may be accessed, downloaded, or printed solely for noncommercial purposes such as scientific or educational advancement, or as otherwise allowed under these Terms and Conditions. Any other use of these materials requires explicit written permission from Filos Health Laboratory Inc. Unauthorized use of any content, including text or images, may violate copyright, trademark, privacy, and publicity laws, as well as civil and criminal statutes.
The Online Services include original and derivative works that are copyrighted, including their layout and format. All copyrights are owned by Filos Health Laboratory Inc. or the content providers for licensed materials.
All names, trademarks, service marks, and logos displayed on the Online Services are the exclusive property of Filos Health Laboratory Inc. or their respective owners. These elements may not be used in advertising, publicity, or any manner that implies sponsorship or affiliation without prior written approval from Filos Health Laboratory Inc. Nothing on the Online Services grants, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Online Services without prior written permission. Proprietary notices and copyright information provided on the Online Services must be observed and adhered to.
4. Right to Change Terms and Conditions
The Terms and Conditions governing Filos Health Laboratory’s Online Services are accessible via our Online Services. Filos Health Laboratory Inc. reserves the right to modify these Terms and Conditions, in whole or in part, at any time and at its sole discretion. Users are encouraged to review the Terms and Conditions periodically for updates.
Changes to these Terms and Conditions become effective immediately upon posting to the Online Services. If you maintain an account, we may notify you of changes when you log in or via the contact information you provided. By continuing to use or access the Online Services after updates are posted, or by not requesting to terminate your account within seven (7) calendar days of the changes, you agree to comply with and be bound by the revised Terms and Conditions.
5. Your Provision of Contact and Account Information to Us
When providing information to Filos Health Laboratory, such as creating an account, you agree to:
(a) Provide accurate, current, and complete information that does not impersonate another individual; and
(b) Update your information promptly to keep it accurate, current, and complete.
If we determine that any information you provide is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and/or deny future access to our Online Services.
6. Communications from Filos Health Laboratory
When you create an account or use the Online Services, you may choose to provide your contact information. By doing so, you consent to receive informational and/or marketing communications via email, phone calls, or text messages, including automated and prerecorded messages.
You may opt out of marketing emails by clicking the “Unsubscribe” link in the email or opt out of calls by following the instructions provided. However, even if you opt out of marketing communications, Filos Health Laboratory may still send important service-related communications such as appointment reminders, test result notifications, and billing updates.
For SMS text messages, you can cancel by replying “STOP.” Standard message and data rates may apply. For questions regarding text services, contact us using the information provided in the “Contact Information” section.
7. Use of the Online Services by Health Care Providers and Health Plans
Healthcare providers and health plans using the Online Services must comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and related state and federal privacy laws. Users must not provide protected health information (PHI) without the required authorizations or consents.
8. User-Provided Content
You are solely responsible for any content you upload, post, or share through the Online Services (“User-Provided Content”). Filos Health Laboratory does not control such content and does not guarantee its accuracy, quality, or integrity. User-Provided Content is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
By uploading or posting content, you represent that:
- You own or have the rights to the content.
- The content is accurate, lawful, and does not violate these Terms and Conditions.
- You are at least 13 years old.
Filos Health Laboratory is not liable for errors, omissions, or damages resulting from User-Provided Content.
9. Grant of License for User-Provided Content
By submitting User-Provided Content, you grant Filos Health Laboratory Inc. a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and distribute your content. This license may include publication in marketing materials, advertisements, or other media. You acknowledge that the publication of your content will not infringe third-party intellectual property rights.
This section does not apply to protected health information (PHI) under HIPAA that is submitted through secure, nonpublic portions of the Online Services.
10. Your Conduct
You agree to comply with all laws, rules, and regulations applicable to your use of the Online Services In addition, you agree not to:
- upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
- upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Online Services;
- upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials and information available through the Online Services;
- attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
- probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services or bypass the authentication measures on the Online Services or any network connected to the Online Services;
- use any automated means to collect information or content from or otherwise access the Online Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
- harvest or otherwise collect and store information about other users of the Online Services, including e-mail addresses;
- install any software, file, or code that is not authorized by the user of a computer or mobile device or that assumes control of all or any part of the processing performed by a computer or mobile device without the authorization of the user of the computer or mobile device; or
- interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services.
11. Third Party-Owned Content and Links to Third Party Owned-Websites or Online Applications
The Online Services may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites and online applications. We provide such third party-owned content and links as a courtesy to our users. We have no control over any third party-owned websites or online applications or third-party owned content referenced on, linked to from, accessed by, or available on the Online Services and, therefore, we do not endorse, sponsor, recommend, or otherwise accept any responsibility for such third party-owned websites or online applications (or the availability of such websites or online applications) or third-party owned content. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE ONLINE SERVICES, OR ANY OTHER WEBSITE OR ONLINE APPLICATION) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED IN SUCH third-party owned content OR ON ANY THIRD PARTY-OWNED website or online application LINKED TO FROM THE ONLINE SERVICES.
You acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, disclosure, or protection of information; copyright compliance; legality; decency; or any other aspect of third party-owned websites or online applications that are linked to from the Online Services or the content displayed on or through them If you visit third party-owned websites or online applications by clicking links on the Online Services, we encourage you to consult the privacy policy and the terms and conditions of each such website or online application you visit as those policies may differ from ours.
12. Links to Online Services
You are prohibited from linking to Filos Health Laboratory’s Online Services or using its name, trademarks, or logos in any public communication without obtaining prior written consent. For such requests, please contact Filos Health Laboratory’s Media Relations department.
13. Advertising and Sponsorships
Filos Health Laboratory does not accept paid advertisements or sponsorships on its Online Services.
14. Information, News, and Press Releases
The Online Services may include information such as news and press releases about Filos Health Laboratory. We do not guarantee the accuracy, completeness, or timeliness of this information. Your reliance on any such information is at your own risk.
15. Registration and Passwords
Access to certain portions of the Online Services may require registration or a password. You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. Notify Filos Health Laboratory immediately of unauthorized use or security breaches. You may be held liable for any losses resulting from failure to secure your account.
16. Operation of Online Services
We reserve the right to:
- Modify, suspend, or terminate the Online Services or your access for any reason, including violations of these Terms and Conditions.
- Make changes to the Online Services at any time.
- Interrupt Online Services for maintenance or to resolve technical issues.
17. Dispute Resolution
Arbitration Agreement
All disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except for claims related to personal injury, employment, or intellectual property infringement.
Class Action Waiver
Claims must be brought on an individual basis, not as part of a class or representative action. Disputes regarding this waiver will be determined by a court, not an arbitrator.
Arbitration Procedures
Arbitration will occur in the U.S., in the county of your billing address. Each party will bear its respective costs unless otherwise specified. Pre-arbitration notice and good-faith negotiations are required before initiating arbitration.
18. Disclaimer of Warranty; Limitation of Liability
Filos Health Laboratory provides Online Services “as is” and “as available” without any warranties, express or implied. Filos Health Laboratory is not liable for direct damages exceeding the fees paid in the prior 12 months or for indirect, incidental, or consequential damages, to the extent permitted by law.
19. Indemnification
You agree to indemnify Filos Health Laboratory and its affiliates from any claims or damages arising from your misuse of the Online Services, violations of these Terms, or infringement of third-party rights.
20. Severability
If any provision is found unenforceable, the remaining provisions remain valid. The invalid provision will be replaced with one that achieves similar objectives.
21. No Waiver
Failure to enforce any provision does not constitute a waiver of rights.
22. Governing Law
These Terms are governed by the laws of Texas, without regard to conflicts of law principles. Accessing the Online Services from prohibited territories or where the content is illegal is prohibited.
23. Termination
Filos Health Laboratory may terminate these Terms and your access to Online Services at any time.
24. Contact Information
For inquiries, please contact:
Filos Health Laboratory Inc.
info@filoshealthlab.com
Last updated on: 12/08/2024
