I. Introduction.
Your purchase of laboratory services on this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use our Website. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN THIS USER AGREEMENT, DO NOT USE THIS WEBSITE.
II. Health Related Information.
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. The information contained on our Website is not meant to be used to diagnose, treat or prevent any health problem or disease or serve as the basis for a prescription of medication. Diagnosis and treatment for any health problem or disease can only be made by a qualified physician or health care physician.
You will be able to access results for those laboratory services you have ordered on this Website through a secured email sent to the email address you have provided to us. A Sterling Wellness Solutions, LLC representative will also endeavor to contact you via telephone (unless you have indicated you do not wish to be contacted) within three business days after your results are received to discuss your results with you, but Sterling Wellness Solutions, LLC does not engage in rendering medical diagnosis, advice or services. Sterling Wellness Solutions, LLC expressly disclaims any responsibility for diagnosis or treatment of any disease or health condition. You assume full responsibility for obtaining professional medical assistance.
Although Sterling Wellness Solutions, LLC encourages increased self-awareness and self-care, it is strongly encouraged that you provide your laboratory results to your doctor or other healthcare professional. Sterling Wellness Solutions, LLC does not recommend self-diagnosis or self-medication, and no information or services within this Website or presented by Sterling Wellness Solutions, LLC or its affiliates may be construed or interpreted as recommending self-diagnosis or self-medication. You should not use your laboratory results as a substitute for seeking further information, diagnosis or treatment from your doctor or other healthcare professional. Sterling Wellness Solutions, LLC will not be liable to you or anyone else for any decisions made or action taken or not taken by you in reliance on your laboratory results.
III. Consent to Laboratory Services.
The laboratory services you have ordered on our Website are conducted by an independent company, Lab Corporation, USA. Sterling Wellness disclaims responsibility or liability for any harm that you may incur as a result of the laboratory services you ordered through our Website. It is your responsibility to make the laboratory technicians aware of any health or medical condition that could be affected by the laboratory services and to follow any directives provided to you by laboratory technicians.
IV. Privacy Statement.
When Congress enacted the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), it provided for the enactment of standards for the privacy, security and protection of individually identifiable health information. Sterling Wellness Solutions, LLC adheres to those standards. Click here for a copy of Sterling Wellness' Notice of Privacy Practices. [LINK]
Because your laboratory services testing and results contain confidential medical information about you, your data will be stored in a secure manner. Your laboratory testing results are the property of Sterling Wellness Solutions, LLC. Sterling Wellness Solutions, LLC. will maintain your medical information and will NOT release it to anyone, unless required to do so by law, without your written prior approval. Note, that some states require the reporting of some positive results, including, but not limited to, positive HIV and Hepatitis test results.
By using our Website, you consent to the collection, use and disclosure of information as described in this Privacy Statement and in our Notice of Privacy Practices. [LINK]
V. Insurance Payment Issues.
Because a majority of insurance providers, as well as Medicare and Medicaid, will not pay for laboratory testing without a physician's order, it is recommended that you check with your medical insurance provider regarding any restrictions on insurance coverage for laboratory services that are not ordered by a physician prior to retaining these services. It is likely that your medical insurance provider will not cover the expense of these laboratory testing services unless you have a physician's order specifically for the testing being ordered.
VI. Charges, Fees, and Payment.
The rates and charges for laboratory services offered through this Website, as well as the methods of payment, shall be those posted on the Website., as amended or revised from time to time.
If your chosen payment method for lab services purchased on this Website is by credit, charge, or debit card, or third-party payment service, and Sterling Wellness Solutions, LLC has not received payment from the card issuer or third-party payment service, or their agents, you agree to pay all amounts due upon demand. Your card issuer's agreement governs your use of your designated payment card in connection with this Website, and you must refer to such agreement and not this User Agreement with respect to your rights and duties as a cardholder. You are responsible for all charges resulting from your use of this Website and the use by any other person who uses your user name and/or password, regardless of whether you actually authorized said use. If you misplace our user name or password or both, or suspect that someone else may be using them without your authorization, you agree that you will notify Sterling Wellness Solutions, LLC immediately.
In the event Sterling Wellness Solutions, LLC utilizes an attorney at law to collect any unpaid amounts from you, you will be responsible for the payment of attorneys' fees and costs, in addition to any penalties allowed under applicable law, in the collection of those sums.
VII. Cancellation and Refund Policy.
All Sterling Wellness Solution, LLC lab services are non-refundable. Cancellation or order modification requests will be honored within 24 hours of order placement. You must email us at gmehal@sterling-wellness.com or call (800) 838-0337 within 24 hours. No other refunds, cancellations or modifications will be made after 24 hours from order placement.
VIII. User Identification and Passwords.
You acknowledge that You will receive a user name and a password to access the results of laboratory services purchased on this Website. You understand that your password is confidential and is intended solely for your use and for no other person's use. Sterling Wellness Solutions, LLC will provide your user identification and password to the email address you provide to Sterling Wellness Solutions, LLC. Sterling Wellness Solutions, LLC is not responsible for any disclosure of your user identification or password that may result from your email account being accessed by a third party.
IX. Limitations of Liability.
The information and services on this Website are provided "as is" without any express or implied warranty of any kind including warranties of merchantability, no infringement of intellectual property or fitness for a particular purpose. Sterling Wellness Solutions, LLC offers no assurance of uninterrupted or error free service.
Sterling Wellness Solutions, LLC assumes no responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to or use of this Website.
IN NO EVENT WILL STERLING WELLNESS SOLUTIONS LLC, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE SUPPLIER OF SUCH SERVICES.
X. Accuracy of Information.
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on our Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our Website.
XI. Linking to this Website.
Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.
XII. Third Party Links.
From time to time, this website may contain links to websites that are not owned, operated or controlled by Sterling Wellness Solutions, LLC or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.
XIII. Intellectual Property Rights.
All Content Sterling Wellness Solutions, LLC provides on any and all of its pages on the World Wide Web, any and all files, software, and databases Sterling Wellness Solutions, LLC uses to operate this Website, and any and all files Sterling Wellness Solutions, LLC makes available for use, viewing, browsing, or downloading, are protected by copyright pursuant to U.S. law, international conventions, and other copyright laws as individual works, and as a collective work and/or compilation, and Sterling Wellness Solutions, LLC claims and owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Sterling Wellness Solutions, LLC and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, including and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Sterling Wellness Solutions, LLC, or such other owner.
Third persons not parties to this User Agreement shall retain all rights they have to intellectual property rights to Content they own and which they enjoy by law. You agree not to infringe upon any such rights and agree to defend, hold harmless, and indemnify Sterling Wellness Solutions, LLC from any infringement you cause to the rights of any third party in any intellectual property rights that may result from your use of the this Website.
You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, create collective works or compilations, or in any way exploit, any of the Content of this Website, in whole or in part.
XIV. Compliance with Applicable Laws.
You agree to abide by and to follow all applicable laws in using this Website and to the extent allowed by law, you agree to defend, hold harmless, and indemnify Sterling Wellness Solutions, Inc. from any damages caused by your violation of any applicable laws. You may not use this Website or any services you purchase by way of this Website for any unlawful purpose.
You further agree that you will not do or attempt to do any of the following activities in connection with your use of this Website or otherwise: violate the security of this Website or any other computer network, or crack passwords or security encryption codes; impersonate any person living or dead, organization, business, or other entity, or use any name or communicate under any false name that you are not authorized to use; violate any of the rules, regulations and policies of those networks, computer systems, telecommunications carriers, wireless services, or Internet service providers that you use to access this Website; obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form; attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of this Website or any of its various components.
You agree to provide Sterling Wellness Solutions, LLC with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this User Agreement and unauthorized access to Sterling Wellness Solutions, LLC's services , and may result in immediate termination of your account and subject you to civil and/or criminal liability. You further acknowledge that it is a federal and state criminal offense to purchase any product from Sterling Wellness Solutions, LLC by fraudulent means.
XV. Claims or Controversies.
Any controversy or claim relating to this Website or User Agreement between you and Sterling Wellness Solutions, LLC must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding relating to your access to, or use of, this Website or any of its content must instituted in state or federal court in Lafayette Parish, Louisiana. Accordingly, you consent to the personal jurisdiction of the courts in Lafayette Parish, Louisiana with respect to all matters relating to your access to or use of this Website. This User Agreement will be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflicts of law provisions.
XVI. Indemnification.
You agree to indemnify, defend and hold harmless Sterling Wellness Solutions, LLC, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement by you.
XVII. Severability.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
XVIII. Additional Assistance.
If you do not understand any of this User Agreement or if you have any questions or comments, we invite you to contact us at Sterling Wellness Solutions, 210 West Mill Street, Crowley, Louisiana 70526 or e-mail us at gmehal@sterling-wellness.com. Alternatively, you may call us at 1-800-838-0337.
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