Covid Kit Ordering

Clinical Reference Laboratory User Agreement

This Clinical Reference Laboratory User Agreement (“Agreement”) constitutes a legally binding agreement between you and Clinical Reference Laboratory, Inc. and its affiliates and subsidiaries (collectively, "CRL", "we", "us" or "our"). This Agreement governs your access and use of the CRL website and online services (the “Site” and the “Services”). Note that Section 17 of this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of disputes or claims in connection with this Agreement or the Site. Our Terms of Use governing access to and use of websites and online applications operated by CRL are a part of this Agreement and are incorporated by reference. By agreeing to this Agreement, you agree that you understand and agree to be bound by the Terms of Use with respect to your access to and use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, this Agreement shall govern with respect to your access to and use of the Site. YOU AGREE TO BE BOUND BY THIS AGREEMENT WHEN YOU CLICK “I AGREE” AND/OR CONTINUE TO ACCESS OR USE THE SITE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.

1. Description of the Site

CRL is providing the Site so that you can educate yourself on health care and medical issues that may affect your daily life. Information provided to you through the Site should not be regarded as medical or health care advice or treatment. Any test results provided to you through the Site are for informational purposes only and do not constitute a medical diagnosis. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding interpretation of your laboratory test results, a medical condition, or other health related issues. It is your sole responsibility to seek and obtain medical advice related to these Services. It is your sole responsibility to follow up with your healthcare provider for treatment or prescription services. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the Site.

2. Changes to this Agreement

CRL may, at any time and from time to time, supplement, amend, or otherwise change this Agreement. Any changes to this Agreement will be effective immediately upon providing notice of the changes to you either when you log in to the Site or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Agreement either (i) by continuing to use or access the Site after receiving notice of the changes as described above or (ii) by not requesting to terminate your Site account within seven (7) calendar days after receiving a notice of the changes as described above.

3. Changes to the Site

CRL may add features to or delete features from the Site at any time, without notice to you.

4. Right to Use the Site

By agreeing to this Agreement, you confirm that you are a resident of the United States and are at least 18 years of age. You warrant and represent that all of the information you provide is correct and that you are using the Site for yourself and those for whom you have authority and agree not to use the Site to initiate a lab test request for any other person. You agree not to resell the Services provided hereunder. By initiating testing through the Site, you are requesting that results be reported directly to you or the person for whom the test is ordered. You agree to comply with this Agreement, the Terms of Use, all applicable laws, and other applicable CRL policies, practices, and notices provided or referenced herein at all times when using the Site. CRL retains the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Site as part of our efforts to protect the Site, protect our patients, or stop you from breaching this Agreement.

5. Notice of Privacy Practices

Our Notice of Privacy Practices describe how CRL collects information about you through the Services, and how we use, disclose, and protect that information.

6. Physician Order and Availability of Services

The Services provided by CRL are available only with a physician order. The Services are only available in the United States. CRL reserves the right to expand or restrict the availability of services at any time and for any reason.

7. Online Physician Order Services

CRL does not provide physician services or lab authorization network services. Lab authorization network services are provided by Cynergy, P.A. and its affiliated physicians (“Cynergy”), an independent entity not affiliated with CRL. CRL has provided access to Cynergy services as a convenience. By requesting lab authorization network services by selecting the option to get a physician order online, you agree that your relationship to Cynergy is independent and is governed by Cynergy’s Terms of Use. CRL makes no representations or warranties regarding Cynergy services and disclaims any liability for such services.

8. Payment

For all testing ordered and when indicated by the test description page, a valid credit card number, expiration date, and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. CRL’s designated payment processor will collect your payment information and related personal information for its use in processing your payment for the products or services ordered by you. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order. CRL cannot submit a claim to any health insurance plan for you. CRL cannot bill your insurance directly for your test; all payment will be out of pocket for the purchase of the test.

All testing from CRL includes the cost of physician services from Cynergy. CRL reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

9. Purchase and Refund Policies

Refunds will be considered upon request and are only in accordance with our Refund Policy.

10. Right to Change Terms of Use

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and CRL reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether the order has been confirmed and your payment has been processed. If your payment has already been processed for the purchase and your order is canceled, CRL’s designated payment processor will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

11. Testing is Subject to Available Capacity and Supply

CRL’s obligation to ship collection kits and perform testing is subject to available capacity and supply and may be delayed. CRL will not be required to test specimens that it determines are not suitable for analysis. Specimens that have not been properly labeled, packaged, and registered may not be processed and may result in delay.

12. Reporting

CRL makes no guarantee regarding reporting times. Reporting may be delayed (or, in some cases, cancelled) due to confirmatory tests, supply delays, inadequate specimens, and requirements under applicable law. You consent to receiving email, text messages, and phone calls at the email address and phone number provided by you. You agree that your results may be reported to you through any of the foregoing means or any other reasonable mechanism, including web-based applications, at any time as your results are available

13. Reporting of Test Results to Local, State and/or Federal Authorities

You acknowledge and accept that the ordering physician and the laboratory may be compelled by law or regulation to report your laboratory result to the local, state, or federal health authority. For example, many states require the testing laboratory and physician to report test results for certain communicable diseases, such sexually transmitted diseases or COVID-19, to local or state health departments.

14. Test Results

As with all laboratory tests, there is a chance of a false positive or false negative result. A negative test does not mean you will not contract an infection at a later time. Failure to follow collection instructions may adversely impact test results. Results from testing should not be used as the sole basis to diagnose or exclude infection, or to inform infection status. Clinical correlation with donor history and other diagnostic information is necessary to determine donor infection status. Positive results do not rule out bacterial infection or co-infection with other viruses. Negative results do not preclude infection and should not be used as the sole basis for donor management decisions. Negative results must be combined with clinical observations, donor history, and epidemiological information.

15. Retesting

You acknowledge and accept that test results outside of normal limits do occur and a physician may reorder lab tests for confirmation. Specimens that are submitted to CRL in connection with the Services may be used on a de-identified basis for internal and industry research.

16. Intellectual Property

The marks CRL®, CRL ClearTM, and CRL Rapid ResponseTM are trademarks and/or service marks of Clinical Reference® Laboratory, Inc. The content and design of the Site is protected by U.S. and international copyright laws.

17. Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CRL ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SITE, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND CRL AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SITE SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION USES A SINGLE, NEUTRAL ARBITRATOR TO DECIDE A DISPUTE (INSTEAD OF A JUDGE OR JURY); ARBITRATION ALLOWS FOR MORE LIMITED DISCOVERY THAN IN A COURT CASE; AND THE ARBITRATION PROCESS AND RESULT IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. IN ARBITRATION YOU HAVE THE RIGHT, AT YOUR EXPENSE, TO BE REPRESENTED BY AN ATTORNEY OF YOUR CHOOSING. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF UNDER THIS AGREEMENT THAT A COURT CAN AWARD UNDER THIS AGREEMENT. YOU AND CRL AGREE THAT ANY IN-PERSON ARBITRAL HEARING WOULD OCCUR IN THE UNITED STATES IN THE SAME COUNTY AND STATE AS YOUR BILLING ADDRESS. CRL FURTHER AGREES THAT YOUR FILING FEE FOR ARBITRATION WILL BE CAPPED AT THE AMOUNT SET BY THE AMERICAN ARBITRATION ASSOCIATION. YOU AGREE THAT, BY AGREEING TO THIS AGREEMENT, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND CRL ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR USE OF THE SITE. REGARDLESS OF THE FORUM, YOU AND CRL 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, THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PERSON’S 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 ARBITRATION PROVISION SHALL BE NULL AND VOID. 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.

18. Disclaimer of Warranty; Limitation of Liability

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CRL AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ACCESS TO THE SITE MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY NOT BE ERROR-FREE. NONE OF CRL, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS 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. UNDER NO CIRCUMSTANCES SHALL CRL, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. 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. 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 EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

19. Choice of Law

This Agreement shall be governed by and construed in accordance with Kansas law, excluding its conflicts of laws principles, provided that Section 14 above shall be interpreted and enforced as set forth therein. The Uniform Computer Information Transactions Act does not apply to this Agreement.

20. Contact Information

CRL is headquartered in Lenexa, Kansas, in the United States of America, at the following address: Clinical Reference Laboratory, Inc., 8433 Quivira Road, Lenexa, Kansas 66215, Attn: Law Department (Covid Testing).