Getlabs provides a technology platform that allows customers to schedule blood draws with mobile phlebotomists for the purpose of fulfilling customer lab orders and delivering their blood samples to a diagnostic laboratory (the "Platform"). When a blood collection appointment is created through our Services, a mobile phlebotomist will travel to the customer and perform the applicable venipuncture procedure at the scheduled time and location. We require every phlebotomist to have the requisite license, certification, training, experience, and equipment to provide such professional venipuncture services.
Getlabs does not provide any medical advice, diagnosis, treatment or other clinical decisions, suggestions or judgments. The Services and Content are not a substitute for the competent analysis and professional judgment of health care professionals. Use of the Services is not for emergency situations. In the event of an emergency, please dial 911. If you need urgent care, please contact your provider by telephone or in person or visit an urgent care center.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by notifying you through the App or other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 25(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Getlabs and are not barred from using the Services under applicable law.
In order to use the Services, you’ll need an account (“Account”). If you don’t already have an account with us, you can set up an Account through the App. You agree to keep your Account information accurate, complete and up-to-date at all times. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms: (i) “Content” means data, text, images, audio, video, information or other materials that are generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) upload or make available through the Services. Content includes without limitation User Content.
Getlabs does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Getlabs and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.
By making any User Content available through the Services you hereby grant to Getlabs a non-exclusive, transferable, worldwide, royalty-free license, with the right to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with operating and providing the Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Getlabs on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you provide your cellular phone number to Getlabs (either online or via text message) to use the Services and agree to receive communications from Getlabs, you specifically authorize Getlabs to send text messages to your phone. You can opt out of receiving text messages by sending an email requesting such to email@example.com.
You agree not to do any of the following:
(A) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(B) Use, display, mirror or frame the Services or any individual element within the Services, Getlabs’s name, any Getlabs trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Getlabs’s express written consent;
(C) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(D) Attempt to probe, scan or test the vulnerability of any Getlabs system or network or breach any security or authentication measures;
(E) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(F) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
(G) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(H) Impersonate or misrepresent your affiliation with any person or entity;
(I) Violate any applicable law or regulation; or
(J) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Getlabs requires payment (“Payment”) of a fee for use of the Services. Specific fees will be outlined on the website at getlabs.com.
When you make a Payment (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
You may cancel a Transaction for a full refund more than 24 hours before a scheduled blood collection appointment. Within 24 hours of your scheduled blood collection appointment, your purchase is final and you will not be able to receive a refund of your payment. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. To cancel, you can send an email to firstname.lastname@example.org or go to getlabs.com and tap “Cancel Visit”.
Getlabs grants to you a nontransferable license to use the App on devices that you own or control. Getlabs reserves all rights in and to the App not expressly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Getlabs that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Agreement. Without our prior written permission, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
The license to use our App is restricted as follows:
You may not copy or distribute the App except to the extent that copying is necessary to use the App for purposes set forth herein.
You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.
You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you.
You may not remove any proprietary notices (e.g., copyright and trademark notices) from the App or its documentation.
All use of the App must be in accordance with its then current documentation, if any, provided with the App or made available on Getlabs’ website.
You must hold the App and any related documentation in strict confidence for your own use only.
You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
The App may be used to access certain online services. In some cases, you will not receive a separate notice when the App connects to those services. Using the App constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.
Certain location-enabled functionality made available in the App is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.
All questions and requests relating to App support must be directed to Getlabs. The Third Parties, as defined in Section 23 are not responsible for providing support for the App and should not be contacted for support. We may change or remove functionality and other features of the App at any time, without notice.
Getlabs will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the App on Modified Devices will be at your sole and exclusive risk and liability.
Although Getlabs attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Getlabs so that it can be corrected. Getlabs reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Getlabs will have no responsibility or liability for information or Content posted to the Platform from any un-affiliated third party.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 6(a), 6(b), 6(c), 19, 20, 21, 22, 23, and 25.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Getlabs and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
(A) Neither Getlabs nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not getlabs or any other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
(B) In no event will Getlabs’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to Getlabs for use of the services or content or one hundred dollars ($100), if you have not had any payment obligations to Getlabs, as applicable.
(C) The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Getlabs and you.
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the App. Getlabs, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third-Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 25 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Getlabs are not required to arbitrate will be the state and federal courts located in the Southern District of California, and you and Getlabs each waive any objection to jurisdiction and venue in such courts.
These supplemental terms apply to Providers. In the event of a conflict between these supplemental terms and any other Terms herein, the supplemental terms shall prevail.
To be a healthcare provider using the Platform (for purposes of this Section, “Provider” or “you”), you must be a licensed physician, nurse practitioner, or healthcare professional, and by your use and access, you represent that you comply with all laws, medical board rules, and any other state and federal rules and regulations applicable to you as a clinical provider. Users of the Platform do not have a physician-patient relationship with Getlabs, as Getlabs does not practice medicine and offers no medical services. You are solely responsible for any agreements with your patients, including medical advice, billings and collections. Getlabs has no responsibility or liability whatsoever to Provider with respect to any amounts owed by Provider’s patients or consumers.
Provider acknowledges and agrees that Getlabs is not providing medical, legal or financial advice to users of the Platform. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR MODIFY MEDICAL PROFESSIONAL JUDGMENT IN ANY WAY.
Provider will use the Platform only in accordance with applicable standards of good medical practice. While software products such as the Platform can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship, can affect a patient’s outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Platform and the provision of medical services to Provider’s patients. As a condition of using this Platform, Provider releases Getlabs and waives any claims against Getlabs as a result of Provider’s use of the Platform and the provision of Services to Provider’s patients.
Provider shall defend, indemnify, and hold Getlabs harmless from any claim by or on behalf of a patient of Provider (including claims by a third-party alleging damage by virtue of a familial or financial relationship with Provider’s patient). brought against Getlabs, if such claim arises out of Provider’s use or operation of the Platform. To the extent applicable, Getlabs will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement. Provider will obtain Getlabs’ prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Getlabs or defect in the Platform.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform (“Provider Content”) you are solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. Getlabs shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.Getlabs does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant Getlabs the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to patients or other consumers. Getlabs and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Getlabs agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Getlabs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
As limited exceptions to Section 25(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at 801 Brickell Ave, 8th Floor, Miami, FL 33131 within thirty (30) days following the date you first agree to these Terms.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
You and Getlabs agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution section shall be null and void.
Notwithstanding the provisions of Section 1 “Changes to Terms or Services” above, if Getlabs changes any of the terms of this Section 25 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Getlabs’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Getlabs in accordance with the terms of this Section 25 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
With the exception of any of the provisions in Section 25(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
These Terms constitute the entire and exclusive understanding and agreement between Getlabs and you regarding the Services, App, Platform and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Getlabs and you regarding the Services , App, Platform and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Getlabs under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Getlabs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Getlabs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Getlabs at firstname.lastname@example.org.