Terms Of Service | Fullscript

Provider
Patient

Welcome to Fullscript® Labs (the “Site”). Please read these terms and conditions (“the “Terms”) carefully before using this Site. By accessing or using the Site, you agree to be bound by these Terms in addition to the Platform Terms of Service and Privacy Statement. The provision of information and services on this Site by FSLV Holdings LLC (“Fullscript”) and its suppliers is subject to your agreement to Terms; capitalized terms not defined herein shall have the same definitions as in the Terms of Use and Privacy Statement. If you are accepting these Terms on behalf of any third party, you represent and warrant that: (i) you have full legal authority to bind the applicable third party to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the third party that you represent, to these Terms.

We may, at any time and from time to time, change these Terms, which will be effective immediately upon posting of the changed terms and conditions on the Site. You agree to review these Terms periodically, and use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed.

No Insurance Reimbursement or Reimbursement Through a Health Savings Account or Flexible Spending Account

You acknowledge and agree that the products and services available through the Site, as well as any services you may add, are not intended to be reimbursable or submitted to any third-party pay or for reimbursement or for reimbursement to any Health Savings Account or Flexible Spending Account. Except as required by applicable law, you shall not submit any claims for payment to, or otherwise seek re-imbursement from, any third party, including any government or commercial payor, such as Medicare and Medicaid, for products and services available through the Site. You shall advise all patients and clients who receive products and services through the Site that they may not submit any claim for payment to, or otherwise seek reimbursement from, any third party, including any government or commercial payor, such as Medicare and Medicaid, for such services.

Compliance with Laws

You represent and warrant that when using the Site you will comply with all applicable laws, regulations, guidelines, and ethical standards, including the Health Insurance Portability and Accountability Act and its implementing regulations and other federal and state privacy and data security laws, and you will not provide any information, including protected health information, to us for which you do not have the required authorizations or consents. You are solely responsible for providing us and our suppliers with accurate and up-to-date credentials, NPI numbers, and addresses, and for reviewing and ensuring your use of the Site and the products and services complies with all applicable state licensing and scope of practices laws; we expressly disclaim any responsibility for your compliance with such licensing and scope of practice laws. You further represent and warrant that you are not disbarred or otherwise listed for exclusion pursuant to any relevant government databases, including, but not limited to the Department of Health and Human Services, Office of Inspector General (“OIG”) List of Excluded Individuals/Entities (“LEIE”), Government Services Administration (“GSA”) System for Award Management (“SAM”), the U.S. Office of Foreign Assets Control, the U.S. Food and Drug Administrative, State Medicaid Lists, TRICARE sanctions lists, the Social Security Administration Death Master File, or and the OIG Most Wanted Fugitives. You are solely responsible for ensuring you use of the Site and ordering/recommending of laboratory testing is within your clinical training and education, as well as all authorizations, privileges, protocols, and collaboration agreements, and that all orders/recommendations are clinically necessary and appropriate. In the event you add and collect any custom service fees through the Site, you are solely responsible for ensuring such fees are for services that are actually provided and clinically relevant, and such fees are compliant all applicable laws, regulations, guidelines, and ethical standards.

Disclaimer of Content

This Site provides information about the products and services, including diagnostic health testing and services, data analysis, and information about various health conditions. The information contained within the Site is intended for the use of healthcare and other professionals and for general information purposes only. Healthcare professionals should exercise their own clinical judgment when using the information, content, tools, or databases, including a referral to a licensed health care professional. The information and services (including, without limitation, recommendations) on this Site are neither medical nor health care advice for any individual nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with individual medical history. Any dietary supplement products being recommended or suggested are intended to supplement the diet, and as such, can impact the healthy structure or function of the body and/or describe how the product affects a mechanism of action of the body, but are not intended to diagnose, cure, treat, or mitigate disease.

While we attempt to keep all the information on the Site up-to-date, this Site should not be considered error-free or as a complete and comprehensive source of all information on a particular topic. We make no warranties or representations as to the accuracy, completeness, or timeliness of the content of the Site, and assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and services on this Site. Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and the Site. You assume the entire risk of loss in using this Site and information and services contained in the Site.

We make no representation that the products, services, and information on this Site is appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Third Party Links

The Site may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third-party content and links as a courtesy to users. We have no control over any third party-owned web sites or content referenced, accessed by, or available on this Site and, therefore, we do not endorse, sponsor, recommend, or otherwise accept any responsibility for such third-party web sites or content or for the availability of such web sites. In particular, we do not accept any liability arising out of any allegation that any third party-owned content (whether published on this, or any other, web site) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content. If you link to third-party sites from the Site, we encourage you to consult the policy statements of each site you visit.

Authorization Network

The third-party authorization network servicer (“Authorization Network”) services are provided for your convenience only, do not constitute the diagnosis or treatment of any condition, disease, or illness, and do not provide or replace any required authorizations, privileges, protocols, or collaboration agreements. Authorization Network physicians do not and will not prescribe or order any drugs or medication in connection with the Authorization Network services. Neither the Authorization Network services nor the tests are intended to be reimbursed by any health plan or third party payor. The Authorization Network does not submit or process insurance paperwork or claims. You will be notified of whether or not test orders have been approved and ordered.

You understand that the Authorization Network may send you messages (including text messages), reports, and emails regarding the Authorization Network services, tests, results, and/or any personal or health information you have provided in connection with the Authorization Network services. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails. You agree that any data submitted or provided by you or on your behalf in connection with the Authorization Network services is truthful, accurate, and appropriate.

Tests and Results

You hereby delegate administrative duties to Fullscript including the right to process laboratory test recommendations/orders, receive laboratory results, and process laboratory test results recommended/ordered through the Site. Fullscript will treat all health-related information submitted by you or collected on your behalf in accordance with these Terms, Fullscript’s Privacy Statement, the Business Associate Agreement you enter into with us, or as otherwise authorized by your or your patients or clients.

The services on the Site are available to your patients and clients only with your order, and the services are only available in the United States. We reserve the right to expand or restrict the availability of services at any time and for any reason.

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve 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. Patients and clients may be ineligible for a test based on the information that you and/or they provide; you will be notified if it is determined that your or client is not eligible for an ordered test.

Custom Fees

If you have a Practitioner Seller Account, you have the ability to add custom fees for services, which are then added to the cost of each recommendation/order. Your custom fee is collected from the patient or client on your behalf when the order is placed and remitted to you when the test results are received from the lab company, less sales tax and a service fee collected by Fullscript. For more information on Practitioner Seller Accounts, please review the Platform Terms.

Disclaimer of Warranty; Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, FULLSCRIPT AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, TOOLS, PRODUCTS AND CONTENT CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL INFORMATION, SERVICES, TOOLS, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND INFORMATION, SERVICES, TOOLS, PRODUCTS, AND CONTENT MAY NOT BE ERROR-FREE. NONE OF FULLSCRIPT, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE INFORMATION, SERVICES, AND CONTENT CONTAINED HEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, PRODUCTS, AND CONTENT PROVIDED ON THIS SITE. EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL FULLSCRIPT AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIS 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, 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 HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE AND SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnification

You agree to indemnify, defend, and hold harmless Fullscript and its suppliers, and their respective affiliates, officers, directors, members, employees, agents, and representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) your use of the Site, (ii) your violation of these Terms, and (iii) your posting of material to the Site.

Site Operation

We reserve the right to do any of the following, at any time, at our sole discretion, for any reason and with or without notice: (i) modify, suspend, or terminate operation of or your access to the Site, or any portion of the Site, for any reason including but not limited to your violation of these Terms; (ii) modify or change the Site, or any portion of the Site; and (iii) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Site.

Termination

These terms and conditions are effective unless and until modified as noted above, or terminated, at any time, by Fullscript. If, in the sole discretion of Fullscript, you fail to comply with these terms and conditions, Fullscript may terminate these terms and conditions without notice and deny you access to the Site.

Contact

Fullscript Labs

1750 Elm Street, Floor 12

Manchester, NH 03104

Email: labs@fullscript.com

Date: August 13, 2024 (v. 1.1)

You may not accept these Terms on behalf of any third party, and you represent and warrant that you will only use the Site for your individual purposes. You agree to comply with these Terms, all applicable laws, and other applicable Fullscript policies, practices, and notices provided or referenced herein at all times when using the Site.

No Insurance Reimbursement or Reimbursement Through a Health Savings Account or Flexible Spending Account

You acknowledge and agree that the products and services available through the Site are not intended to be reimbursable or submitted to any third-party payor for reimbursement or for reimbursement to any Health Savings Account or Flexible Spending Account. Except as required by applicable law, you shall not submit any claims for payment to, or otherwise seek reimbursement from, any third party, including any government or commercial payor, such as Medicare and Medicaid, for the products and services.

Disclaimer of Content

This Site provides information about products and services, including diagnostic health testing and services, data analysis, and information about various health conditions. You should not use information found on this Site to replace a relationship with your healthcare practitioner or other healthcare professionals, and you should not rely on the information as medical advice. Always seek the advice of your healthcare practitioner or other qualified healthcare providers concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. The information (including, without limitation, advice, and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history.

Use of this Site does not create a provider-patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment, except by qualified health care providers. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. Any dietary supplement products being recommended or suggested are intended to supplement the diet, and are not intended to diagnose, cure, treat, or mitigate disease, and should not be substituted for prescription drugs or medical care for a disease.

We do not direct or control the treatment decisions made by your healthcare practitioner, and we are not in any way responsible for their actions or inactions.

Third Party Links

Authorization Network

We do not provide physician services or lab authorization network services. The third-party authorization network servicer (“Authorization Network”) services are provided for informational purposes, and, except as expressly set forth herein, do not constitute the diagnosis or treatment of any condition, disease, or illness. Authorization Network physicians do not and will not prescribe or order any drugs or medication in connection with the Authorization Network services. The Authorization Network services do not replace your existing healthcare practitioner or other relationship with your healthcare providers. You are solely responsible for initiating follow up with such practitioners for care, diagnosis, or medical treatments. You should not make medical decisions without consulting with your healthcare practitioner. Do not disregard medical advice from your healthcare practitioner or delay seeking such advice based on the information obtained as a result of your use of the Authorization Network services. The Authorization Network services are not intended to make a medical necessity determination for insurance purposes.

Information regarding payment is provided on the Site. Payments for the Authorization Network services are collected by Fullscript on the Authorization Network’s behalf. The Authorization Network providers have not contracted with any health insurance plans to make these services available. Neither the Authorization Network services nor the tests are intended to be reimbursed by any health plan or third party payor. The Authorization Network does not submit or process insurance paperwork or claims. You will be notified of whether or not your test order has been approved and ordered.

Tests and Results

The products and services on the Site are available only with your healthcare practitioner’s recommendation and/or order, and are only available in the United States. We reserve the right to expand or restrict the availability of products and services at any time and for any reason. You warrant and represent that all of the information you provide is correct and up to date, including your state of residence, and that you are using the Site for yourself and agree not to use the Site to initiate a lab test order for another person. You agree not to resell the products and services provided hereunder.

For all testing ordered, 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. Our 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. All tests ordered through the Site are final sale and ineligible for refunds. If your test is damaged in the mail, please contact our Customer Support team directly for a replacement. All tests must be completed within six (6) months from the date of purchase; after six (6) months your purchase will be void, and refunds are not provided for purchases that have been voided.

By initiating testing through the Site, you are requesting that results be accessible by you on your Fullscript Account. You may obtain your test results online through the Fullscript Platform or on your smartphone using the Fullscript mobile app and accessing your Fullscript Account. You will also receive a notice of test result availability upon review by your healthcare practitioner. Your test results may be affected by a variety of factors, including whether you were fasting and followed the instructions provided. You acknowledge and accept that the ordering healthcare practitioner 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 as sexually transmitted diseases, to local or state health departments.

Our Privacy Statement and, with respect to health information collected through the Site, these Terms, describe how we collect information about you through the services, and how we use, disclose, and protect that information.

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve 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. You may be ineligible for a test based on the information that you provide; you will be notified if it is determined that you are not eligible for a test and refunded the cost of that test (refunds for services will not be provided).

Disclaimer of Warranty; Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE AND SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnification

Site Operation

Termination

Contact

Fullscript Labs

1750 Elm Street, Floor 12

Manchester, NH 03104

Email: labs@fullscript.com

Health Information Notice

THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED. PLEASE REVIEW IT CAREFULLY.

FSVL Holdings LLC, its affiliates, and its suppliers (collectively “Fullscript”) are committed to protecting the privacy of your identifiable health information (“PHI”). We may use and disclose your PHI for the following purposes:

Fullscript arranges for the provision of laboratory services for healthcare practitioners and other healthcare professionals. We receive your PHI from the applicable lab company and disclose your PHI to your healthcare practitioner and to Authorization Network physicians as applicable. We may use and disclose PHI to contact you about our services, such as to remind you of an appointment or to return your specimen collection kit, notify you of the status of your laboratory testing, or to tell you about health-related products and services that may be of interest to you.
Fullscript may use and disclose your PHI for activities necessary to support our operations.
Fullscript provides your PHI to laboratory testing companies as well as other companies or individuals that need it to provide services to us.
Fullscript may use and disclose your PHI if necessary to prevent or lessen a serious threat to your health and safety or that of another person. We may also provide PHI to law enforcement officials, for example, in response to a warrant, investigative demand or similar legal process, or for officials to identify or locate a suspect, fugitive, material witness, or missing person. We may disclose your PHI as required to comply with a court or administrative order.
Fullscript may use or disclose PHI for research projects, such as studying how to diagnose or treat particular diseases.
Fullscript may use your PHI to create “de-identified” information, which means that we remove information that can be used to identify you. Once information has been de-identified as required by law, it is no longer PHI and we may use it for any lawful purpose.

Sometimes, your PHI may be used or disclosed in the course of our management and administrative functions.

Should you have questions or comments, please contact us at:

Email: labs@fullscript.com

Phone: 888-894-4014

Mail: Fullscript Labs

1750 Elm Street, Floor 12

Manchester, NH 03104

Attn. Privacy Officer

Fullscript Labs Journeys

Journeys registration is a continuation of the services provided by Fullscript on the Site, and is subject to the Terms herein and the Platforms Term of Service and Privacy Statement, as well as all other applicable terms, conditions, limitations, and requirements on the Fullscript sites, all of which are incorporated herein. By registering for Journeys, you accept these terms, conditions, limitations, and requirements.

Your Journeys registration will automatically create new lab orders, according to your chosen delivery schedule, until you cancel. When you register for Journeys, you expressly acknowledge and agree that the Fullscript’s designated Payment Processor is automatically authorized to charge you for lab orders (in addition to any applicable taxes and other charges) for as long as your Journeys registration continues. The charge for each Journeys lab order will be billed to the payment method used to create your subscription or as otherwise directed by you. The total cost charged to your payment method for each lab order will be the cost of the products and services on the day that order is processed, plus any applicable sales tax, shipping costs, and other charges. Some of your Journeys registration details may change as you receive lab orders over time (for example, price, taxes, availability, and shipping charges).

You may cancel your registration at any time via the Journeys page in your Account. If you make changes or cancel after your next lab order has already been processed (approximately one (1) business day prior to your next scheduled order date) or shipped, you will be responsible for all charges including any applicable taxes, shipping costs, and other charges incurred prior to the change or cancellation of your registration; any updates will then be reflected for the next scheduled lab order. Changes or cancelations can also be processed by email to labs@fullscript.com or by calling our Customer Support team at 888-894-4014.

Date: August 13, 2024 (v. 1.1)

Labs Terms of Service

No Insurance Reimbursement or Reimbursement Through a Health Savings Account or Flexible Spending Account

Compliance with Laws

Disclaimer of Content

Third Party Links

Authorization Network

Tests and Results

Custom Fees

Disclaimer of Warranty; Limitation of Liability

Indemnification

Site Operation

Termination

Contact

No Insurance Reimbursement or Reimbursement Through a Health Savings Account or Flexible Spending Account

Disclaimer of Content

Third Party Links

Authorization Network

Tests and Results

Disclaimer of Warranty; Limitation of Liability

Indemnification

Site Operation

Termination

Contact

Health Information Notice

Fullscript Labs Journeys

Terms and policies

Helpful information

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