TERMS AND CONDITIONS

 

TERMS OF USE

THESE TERMS OF USE SET FORTH THE AGREEMENT BETWEEN YOU AND PHYSICIANS REFERENCE LABORATORY REGARDING YOUR USE OF THIS SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Use of the Site

The material contained on this Site is for informational purposes only. No information or service offered through PRL's Site constitutes or can serve as a substitute for medical advice, diagnosis or treatment. Always seek the advice of your doctor if you have any questions and before you stop, start or change any treatment plan, including the use of medication. The diagnosis or treatment of any disease or condition may be based on personal history, family history, symptoms, a physical examination, and other information considered important by your doctor, along with the additional information provided by test results.

For informational purposes only, if you are located in the United States of America, you may, at your sole risk and responsibility and solely for your own lawful, personal use, display the Site on a web browser and print portions of the Site that are of personal interest to you. Otherwise, you may not display or print the Site. In addition, you may not download, reproduce, distribute, sell, license, or create works that are derived from the Site, in whole or in part.

For your convenience, PRL may provide links to other web sites, including links that cause other web sites to appear in frames or new browser windows while you are viewing pages on the Site. These other web sites are not part of the Site, and PRL is not responsible for them, for any information, goods, or services that you may obtain through them, or for any information you may provide to them.

PRL is not responsible for circumstances beyond its control, and it does not promise that the Site will be available at all times or at any particular time. PRL may elect to discontinue the Site or your access to it at any time, with or without notice.

Ownership, Privacy, and Security

Subject to the rights of third-party licensors, PRL owns all copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights in the Site, in all media now known or later devised. You may not remove, conceal, or alter any copyright notice, disclaimer, or other notice. The rights of PRL in the Site include all rights, title, and interest in and to any data you enter, aggregate data derived from such data, and usage patterns such as clickstreams, and PRL reserves the right to use any data lawfully collected from or relating to your use of the Site for any lawful purpose, subject to the terms of our Privacy and Security Policy and applicable laws.

PRL's Privacy and Security Policy is posted on this Site. Please read it carefully. PRL may change the Privacy Policy at any time, with or without advance notice, by posting a revised Privacy Policy on the Site or otherwise making it available to you.

You agree to cooperate with PRL in protecting the security of the Site, and if you choose to register to receive your test results information on the Site, you agree not to use your access to enable anyone to gain unauthorized access to any area of the Site that is not accessible by the general public. You also agree that it is your sole responsibility to keep your password and user name in a safe, secure place, and to control who has access to that information and to your test results information on the Site. You agree to immediately notify PRL if you learn of: (a) any loss or theft of any user name or password, (b) any unauthorized use of any user name or password, or (c) any other unauthorized access to or use of the Site.

Disclaimers and Limitation of Liability

User expressly agrees that use of the Site is at User's sole risk. Neither the Site, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the accuracy, reliability, or currency of any information content provided through the Site.

THIS SITE IS PROVIDED BY PRLNET.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRLNET.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRLNET.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRLNET.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PRLNET.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall the Site or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Site's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Limitation on Use of Content Information; Right of Use License

The displayed content information (collectively "Content") provided free of charge or purchased through the Site is provided under a nonexclusive, non-transferable license for printing and use only by the individual who signed onto this service, and only for that individual's personal use. The User is not permitted to commercially exploit the information or transfer it to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution of the information contained within the Content is strictly prohibited without the prior written consent of PRL. The User shall not copy, reverse engineer, translate, port, modify or make derivative works of the information, in whole or in part. The User shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the information or any part thereof or use it in any manner not expressly authorized by this Agreement. The User shall not derive or attempt to derive the source code or structure of all or any portion of the information by reverse engineering, disassembly, de-compilation or any other means. The User shall not use the information to operate a service bureau or for any other use involving the processing of data of others. The User does not receive any, and the Site retains all, ownership rights in the information. The unauthorized distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of proprietary rights, or from any other harm arising from such submission. Neither the Site, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of proprietary rights, or from any other harm arising from such User submission.

Consent to Monitoring and Disclosure

The Site is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that the Site may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other government requests; (2) to operate the server properly or to protect itself and its Users. The Site reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions. Should any User of information on this server provide the Site with information including but not limited to feedback, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and the Site assumes no obligation to protect such information from disclosure, except where explicitly defined in PRL's Privacy and Security Policy. The submission of such information to the Site shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the Site for any purpose whatsoever and by such submission the User grants to the Site the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, except where explicitly defined in PRL's Privacy and Security Policy.

Consent to U.S. Export Law

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Online Conduct

User agrees to use the Site only for lawful purposes. User is prohibited from transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. The Site may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of the Site, its Users or Providers. Neither the Site, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct or communication on the Site.

Termination of Usage

The Site may terminate a User's access, or suspend any User's access to all or part of the Site, without notice, for any conduct that the Site, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or the Site.

Applicable Law

This site is created and controlled by the Site in the State of Kansas. As such, the laws of the State of Kansas will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. The Site reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Kansas and of the United States of America located in the State of Kansas for any litigation arising out of or relating to use of or purchase made through the Site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Kansas Courts and agrees not to plead or claim in any Kansas Court that such litigation brought therein has been brought in an inconvenient forum.

Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Acknowledgement

The Terms of Use, including all documents referenced herein, represents the entire understanding between you and the Site regarding your relationship with the Site and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Site. The aforementioned Terms of Use are subject to change.