Terms and Conditions of Use

Please read these terms and conditions carefully in their entirety before using this website (this “website”) or any products or services made available herein.

The information provided on this Website is for informational purposes and for your general interest only. Your access to and use of the information contained on this Website is subject to the terms and conditions described herein. By accessing or using this Website, you acknowledge that you have read, understood and agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not access or use this Website. Lovely People reserves the right to revise these Terms and Conditions of Use at any time. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current terms, because they are binding on you.

This Website and the products and services may not be appropriate for your clinical or medical conditions or needs. do not access the services for emergency or crisis care. if you are experiencing a medical emergency, call your doctor or 911 or go to the nearest hospital immediately.

1. This Website Does Not Provide Medical Advice or Information

The Services available through the Website may include: (i) general information on health and wellness topics; (ii) access to laboratory services performed by third party clinical laboratories not otherwise owned or operated by Lovely People; (iii) access to healthcare practitioners and staff members who are contracted by certain independent, clinical professional practice groups; (iv) administrative support in connection with ordering Lab testing services and scheduling appointments with Practitioners on the Website; and (iv) technology support for using the Website as a means of direct access to Lab test results and to Practitioners for communication, consultations, assessments, and treatment by such Practitioners; and (v) ability to purchase certain other medical products.

This Website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes and for your general interest only. This information is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. You should not use the information contained herein for diagnosing or treating a health condition, problem or disease. Please consult with your doctor or medical healthcare professional to see if any information discussed at this Website is appropriate for you.

Lovely People makes no warranties or representations as to the accuracy of the content on this Website, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material this Website. Your use of this Website is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions. You assume the entire risk of loss in using this Website and materials contained in this Website.

2. Rules and Use and Privacy

Your use of the Website, as well as information which we obtain on behalf of any of our partners in providing the products and services hereunder, is governed by our Privacy Policy which we reserve the right to update and change from time to time.

In order to access or purchase certain services or products available on this Website, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, “Additional Terms and Conditions“). Such Additional Terms and Conditions may be specific to (a) a supplier of the Services or Product, including a specific or group of Lab(s), Practice(s) or Practitioner(s), (b) a service or product, or (c) any combination thereof.

Lovely People respects your privacy. Please see our Privacy Statement that explains your rights and responsibilities with respect to information that is disclosed on or to this Website. To the extent there is an inconsistency between these Terms and Conditions of Use and the Privacy Statement, these Terms and Conditions of Use shall govern.

3. ELIGIBILITY

In order to access the products and services through the Website, you represent and warrant that:

• You are at least 18 years of age or older.
• You live in the United States and in a state or territory where the Website is available.
• You agree to be legally bound by and comply with these Terms and Conditions.
• You agree to provide all necessary information requested of you to any practitioner truthfully and to the best of your knowledge.
• You agree that the products or services you are seeking through this Website are for you personally and not intended for any other individual.
• You have compatible computing and/or mobile devices, sufficient access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet.

If you do not meet all of these requirements, you must not access or use the Website or any products or services available through the Website.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Website. Certain Services may only be available to individuals who satisfy additional eligibility criteria or who reside or are located in certain geographic locations.

4. REGISTRATION

To purchase products and services on the Website, you will be required to set up an account (an ” Account”) on the Website. To obtain an Account, you may be asked to provide certain registration details or other information. It is a condition of your setting-up an Account that all the information you provide is correct, current and complete.

5. ORDER PRODUCTS OR SERVICES THROUGH THIS WEBSITE

You acknowledge that the account that you establish through this Website is distinct and personal to you and you agree not to provide any other person with access to the this Website or portions of it using your username, password, or other security information. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

The Website enables you to ascertain certain products or services through communications with independent third party licensed medical practitioners, including purchasing laboratory testing Services.

• • a. Test Services

    In order to obtain any products or services through this Website you will be required to establish an account, submit personal medical information to a third party medical practitioner to determine whether you satisfy applicable Eligibility Criteria described above and participate in any required in-person or telemedicine good faith examinations. In order for any third party laboratory to process your request for any product or services hereunder, you must submit any and all applicable information necessary to enable a third party medical practitioner to assess whether the Test Service is appropriate for you. Products and services will not be provided to you if the medical practitioner does not authorize your request and order the applicable product or services.

  • b. Submitting Samples using Collection Kits

    To the extent a medical practitioner determines you meet the Eligibility Criteria for such product or services, you may be ordered an at-home collection kit that will be provided through a third party supply company. Please read carefully all of the notices and instructions included within any such collection kit as they will require you to appropriately collect all biological samples (e.g., blood, saliva, or urine) in accordance with the instructions, and (b) send such samples directly to the third party supply company set forth in the instructions. Failure to carefully comply with all required collection requirements may result in a contaminated test and make any results invalid.

    By collecting and sending the sample processed in the collection kit, you are thereby (a) consenting to undergo the related test, (b) and re-affirming to be bound by these Terms and Conditions and Additional Terms and Conditions, (c) representing and warranting that you have read all relevant Instructions and packaging materials provided with the collection kit, and authorizing us to transmit your personal information to the medical practitioner, laboratory, other health providers you identify, third-party payors and their respective business associates and subcontractors, as described in these Terms and Conditions. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.

  • c. Test Results

    If your Sample is successfully processed by the third party laboratory, the results of the test will be made available to the ordering medical practitioner, who will make them available to you. Any and all questions relating to the results of such testing must be made directly between you and the ordering medical practitioner or your personal physician. In the event that a medical practitioner prescribes a medication to you, you give us and the medical practitioner consent to send and disclose to the pharmacy of your choice and other health providers you identify and request to receive all information provided by you, health care records, and other applicable health care information and personal information. You agree that any prescriptions that you receive from a Practitioner are solely for your personal use and you will not share or distribute any medication to any other person. You agree to fully and carefully read all provided medication information and labels and to contact a physician or pharmacist with any questions about your medication. Under no circumstances will any controlled substance be prescribed as a result of the products or services provided through this Website.

6. INTELLECTUAL PROPERTY RIGHTS

Copyright, trademark, patent, and other applicable laws protect the products and services and materials appearing on this Website. All materials on this Website may be accessed, downloaded, or printed for the noncommercial purpose of scientific or educational advancement or within the scope allowable by these Terms and Conditions. No other use of these materials may be made without express written permission of the operators of Lovely People. Any unauthorized use of the words or images on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

7. RELIANCE ON INFORMATION POSTED

The Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 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 this Wesbite or the content displayed on or through them. If you visit third party-owned websites or online applications by clicking links on this Website, 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.

8. ACCESS, CORRECTION AND DATA INTEGRITY

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting us at the contact details provided below.

9. LINKS TO OTHER WEBSITES AND RESOURCES

This Website may provide links or references to websites maintained by third parties over whom we have no control. Such links or references are provided as a convenience to the users of this Website. Similarly, this Website may be accessed from third party links over which we has no control. As such, we have no responsibility for and makes no representations or warranties of any kind for the content of other websites linked to this Website, or for any products or services mentioned or offered on such websites. Lovely People shall not be liable for any damages or injury arising from that content. You access such other websites solely at your own risk. Inclusion of any third party link does not constitute an endorsement or recommendation by Lovely People.

10. ELECTRONIC COMMUNICATIONS

You agree that when you use or enter the Website, you affirmatively consent to conduct business electronically with us and through the Website with the Practices and their Practitioners, and engage in health-oriented activities with Practitioners of the Practices, and such processes have the same force and effect as your written signature. You agree that all agreements and consents can be signed electronically and that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You agree to receive invitations, notifications, reminders, and other communications from us (and any of our affiliates or agents) and the Practices and their Practitioners through the Website, or by email, phone or other method of communication. These communications may include (but are not limited to):

• notification that an important message awaits you on the Website;
• Website and service updates;
• general health communications from the Practices’ Health Care Providers.

When permitted by law, we may also send you promotional communications via email, including newsletters, surveys and other news and information we think will be of interest to you. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our emails by following the instructions for unsubscribing contained in the e-mails. Please allow us ten (10) business days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial e-mail messages, we may still email you non-commercial (transactional) e-mails related to your account and your transactions via the Website.

11. MISCELLANEOUS

A. Notices.

You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions, by e-mail to the address you provide to us. Your on-going use of the Website after any such notice is deemed acknowledgement of your acceptance of such information, including any Terms and Conditions, as updated.

B. Entire Agreement.

If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, the remaining provisions of these Terms and Conditions of Use will remain in place. These Terms and Conditions of Use are the entire agreement between you and Lovely People regarding all aspects of your use of this Website and/or the content therein.

C. Termination of Your Use of the Website

Lovely People may terminate your use of the Website at any time and without notice to you if, in its sole judgment, you breach any term or condition of these Terms and Conditions of Use. Upon termination, you must destroy all materials obtained from this Website.

D. Indemnification

You agree to indemnify, defend, and hold harmless Lovely People, its managers, members, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these Terms and Conditions of Use (including, but not limited to, negligent or wrongful conduct) by you. Lovely People reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Lovely People in asserting any available defenses.

E. Governing Law

This Website and the Content are intended to comply with the laws and regulations in the United States of America, and the information pertaining to Lovely People’ products and services is intended for use only by residents of the United States of America. Lovely People makes no representation or warranty that the content contained on this Website is appropriate or available for use in other countries, and access to it from countries where its content is illegal is prohibited. Those who choose to access this Website from other countries do so on their own initiative and are solely responsible for compliance with applicable local laws. Any offer for any product or service made on this Website is void where prohibited. You may not use or export the content in violation of U.S. export laws and regulations.

These Terms and Conditions of Use and your use of the Website or the content shall be governed by the laws of the State of Georgia, without regard to its conflict of laws provisions. Any legal action or proceeding relating to this Website shall be brought exclusively in a federal or state court of competent jurisdiction in Fulton County, Georgia.

F. No Waiver

No waiver by Lovely People of any provision set out in these Terms and Conditions shall be deemed a further or continuing waiver of such provision, and any failure by Lovely People to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

G. Severability

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect, except as expressly state in this Agreement. Provisions of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision (or part of any provision) of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

H. Disclaimer of Warranty; Limitation of Liability

THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, LABCORP AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE ONLINE SERVICES MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES MAY NOT BE ERROR-FREE. NONE OF LABCORP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE SERVICES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL LABCORP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE SERVICES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES BE LIABLE FOR DIRECT DAMAGES EXCEEDING THE TOTAL FEES PAID BY YOU TO LABCORP IN THE TWELVE MONTHS PRIOR TO YOUR CLAIM OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR LOST PROFITS OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE ONLINE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

I. Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND LABCORP TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND LABCORP CAN SEEK RELIEF FROM EACH OTHER.

• 1. • D. Arbitration Agreement. You and Lovely People mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (available at www.adr.org or by calling 800-778-7879), except as modified below or otherwise agreed to. As used in this Arbitration Agreement, “Dispute” means any dispute, claim, or controversy between us, including any past, currently pending, existing, or future dispute or disagreement, except: (a) claims by employees of Lovely People entities related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or in any way related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Lovely People agree that you are each giving up, to the fullest extent of the law, any right to have disputes resolved in court before a judge or jury.
     • E. Class Action Waiver. You and Lovely People also mutually agree that, to the fullest extent allowed by law, and except as expressly set out below, each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, mass, or representative proceeding. Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding, except as stated below. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.
     • F. Arbitration Procedures. Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts. In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief that a court could award, but any award or recovery must be consistent with this Agreement. You and Lovely People also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your billing address. Any arbitration under this section will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. To the fullest extent of the law, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding.
       1. Each party retains the right to elect before or within 30 days after arbitration is initiated by either party to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such court’s jurisdiction.
  2. • Pre-Arbitration Notice and Good Faith Negotiations. Both you and Lovely People agree that, before initiating any arbitration proceedings of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally. The notice must be specific and individual to you and include: (i) your name, street address, telephone number, and the email address you use or used for the online services; (ii) a brief description of the dispute; (iii) the amount of money (if any) at issue; and (iv) the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or a Lovely People employee, depending on which party is providing notice. Notice sent by Lovely People to you will be sent to the email and street addresses that you provided to Lovely People. This notice is a requirement and condition precedent to initiating any arbitration proceedings.
       1. If you and Lovely People cannot agree how to resolve the dispute within 45 days after the notice is received by the other party, then either you or Lovely People may, as appropriate and in accordance with this Dispute Resolution section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature. Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 45-day period.
       2. ​​​​​​​Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision (paragraph A) is an issue for a court to resolve, not the arbitrator.
  3. • Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Northern District of Georgia. For individual damages claims with less than $25,000 at issue, Lovely People will pay the additional, reasonable fees and costs of arbitration, not including attorneys’ fees. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that your or Lovely People’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
     • Federal Arbitration Act. These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these terms of use.
     • Forum Selection. For any dispute not subject to arbitration, you and Lovely People agree to proceed exclusively in state and federal courts covering Fulton County, Georgia and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts.