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Effective Date: 08/21/2024

1. Introduction

Welcome to Promus Diagnostics, LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our laboratory testing services, website, and other related offerings. By using our services, you agree to comply with and be bound by these Terms. Please read them carefully.

 

2. Scope of Services

Promus Diagnostics, LLC provides high-complexity diagnostic testing for clinics, hospitals, and direct-to-consumer clients. Our services include, but are not limited to:

  • Clinical laboratory testing

  • Test result analysis and reporting

  • Support for healthcare providers and patients

Our services are conducted in accordance with CAP (College of American Pathologists) and CLIA (Clinical Laboratory Improvement Amendments) certification standards.

3. Eligibility

To use our services, you must be:

  • At least 18 years of age or have parental/guardian consent if you are a minor.

  • Legally capable of entering into a binding contract.

  • A licensed healthcare provider or a consumer authorized to access our direct-to-consumer offerings.

4. User Responsibilities

You agree to:

  • Provide accurate, complete, and up-to-date information when requesting services.

  • Use our services only for lawful purposes, consistent with applicable regulations and professional standards.

  • Follow all instructions and guidelines provided by us, especially those related to sample collection and submission.

  • Maintain the confidentiality of any credentials or access methods provided to you for our services.

5. Ordering and Payment

For direct-to-consumer clients and healthcare providers:

  • Order Placement: Orders for testing services can be placed through our website, by phone, or through affiliated healthcare providers.

  • Pricing: Prices for our services are provided during the order process. We reserve the right to update prices at any time.

  • Payment Terms: Payment is due upon order submission unless other arrangements (e.g., insurance billing) are made. We accept various payment methods, including credit cards and direct billing to insurers.

For healthcare providers:

  • Billing Arrangements: Payment and billing processes may vary based on contractual agreements.

6. Sample Collection and Submission

  • Instructions: Detailed instructions for sample collection and submission are provided with each order. It is your responsibility to follow these instructions carefully to ensure the accuracy and reliability of test results.

  • Rejection of Samples: We reserve the right to reject any samples that are improperly collected, labeled, or submitted. In such cases, you may be required to provide a new sample, and additional fees may apply.

7. Test Results and Reporting

  • Delivery of Results: Test results will be delivered to you or your healthcare provider through secure means, including but not limited to electronic portals, encrypted emails, or secure courier.

  • Turnaround Time: Estimated turnaround times for test results will be provided at the time of order but are subject to change due to factors beyond our control.

  • Accuracy and Reliability: While we adhere to strict quality standards, you acknowledge that no laboratory test is infallible. Test results should always be interpreted by a qualified healthcare provider in the context of other clinical information.

8. Limitation of Liability

To the fullest extent permitted by law:

  • No Warranties: Our services are provided "as is," without any express or implied warranties, including but not limited to fitness for a particular purpose or non-infringement.

  • Limitation of Liability: We are not liable for any indirect, incidental, special, or consequential damages arising from the use of our services, including but not limited to loss of profits, data breaches, or delays in test results.

  • Medical Advice Disclaimer: Test results provided by Promus Diagnostics, LLC are for informational purposes only and do not constitute medical advice.

  • Always consult a licensed healthcare provider for diagnosis, treatment, or medical decisions.

9. Privacy and Data Protection

Our use of your personal data is governed by our Privacy Policy. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and HIPAA (Health Insurance Portability and Accountability Act) in the handling of medical and personal data.

10. Intellectual Property Rights

All content, trademarks, and materials provided through our website and services, including logos, text, and software, are the intellectual property of Promus Diagnostics, LLC or our licensors. You are granted a limited, non-exclusive license to access and use this content solely for personal or professional use related to our services.

11. Termination and Suspension

We reserve the right to suspend or terminate your access to our services at any time if you breach these Terms, provide false information, or engage in unlawful activities. Termination of services may also occur due to non-payment, violation of regulatory guidelines, or misuse of testing services.

 

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TERMS OF SERVICE

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TERMS OF
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12. Amendments to These Terms

We may update these Terms from time to time. Any changes will be communicated through our website or via email. Continued use of our services after such updates constitutes your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the state in which Promus Diagnostics, LLC is located, without regard to its conflict of laws principles.

  • Dispute Resolution: Any disputes arising out of or related to these Terms or our services will be resolved through binding arbitration in Tarrant County, unless otherwise required by law.

14. Contact Information

If you have any questions or concerns regarding these Terms or our services, please contact us:

Promus Diagnostics, LLC

525 S. Kimball Avenue

Southlake, TX 76092

(817) 778-9210

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