Terms and Conditions of Use
Agreement between User and www.MEDIZYNE.com
Welcome to www.MEDIZYNE.com. The www.MEDIZYNE.com website (the "Site") is comprised of various web pages operated by MEDIZYNE L.L.C. ("MEDIZYNE"). The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is offered to you (the “User”) conditioned on your acceptance without modification of the terms, conditions, agreements and notices (the "Terms") contained below including those referenced and/or hyperlinked below and otherwise included in the Site . These Terms and Conditions of Use constitute a legally binding agreement between you and Medizyne regarding your use and access to the Site. Your use of the Site constitutes your agreement to be bound by all such Terms. The terms “you,” “your” and “User” includes all visitors to the Site, those registering on the Site and all others accessing the Site. Please read these terms carefully, and keep a copy of them for your reference.
www.MEDIZYNE.com is an E-Commerce Site.
Privacy
Your use of the Site is subject to MEDIZYNE's Online Privacy Policy , the Protected Health Information Privacy Practices (‘HIPPAA privacy rule’), and the Consent to Release Confidential Information and Disclaimer Agreement. Please review these policies and agreements in conjunction with the Terms and Conditions of Use, which all jointly govern the use of the Site and are incorporated into and made part of the Terms.
Before using certain areas of the Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree ” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
Electronic Communications
Accessing www.MEDIZYNE.com or sending emails to MEDIZYNE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Intended Use
If you use this Site, you agree to use the site according to the instructions provided and the intended use. You further agree that all of the information submitted during the course of visiting, accessing, and/or using the Site and/or purchasing a lab test/panel or other product or service provided on the Site is truthful, accurate, current and complete and you agree to update the information to keep it truthful, accurate, current and complete.
If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Medizyne reserves the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party, including Medizyne, through your use of the Site.
You agree that the intended use of the Site and Medizyne, LLC, its employees, contractors, suppliers, partners and affiliates is for informational purposes only. You agree that Medizyne is not in the business of rendering medical advice or services. You agree that the information and use of the Site does not constitute medical advice nor is it a substitute for the medical advice. You further agree that Medizyne’s Site, product, and service and/or tests or panel results will not prevent, diagnose, treat, or cure any disease or condition. You agree that you assume full responsibility for obtaining professional medical assistance to evaluate the accuracy, completeness and usefulness of the information provided through the Site or by Medizyne, LLC, its employees, contractors, suppliers, partners and affiliates.
In addition, you agree that the lab test results may be inaccurate through no fault of Medizyne, LLC. You further agree not to hold Medizyne liable for any errors or omissions on or accessed through the Site. You agree that you understand that false positive and false negative test results are possible.
You agree that the services or products provided in the Site by Medizyne LLC is a service or product provided at your own request and not by Medizyne, our employees, contractors, suppliers, third parties or partners.
Your Account
If you use this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account, login or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MEDIZYNE is not responsible for third party access to your account that results from theft, misappropriation disclosure or unauthorized use of your account. You must contact Medizyne immediately if you become aware of or believe there is or may have been unauthorized use of your account, login or password or if you wish to deactivate your account due to security concerns. MEDIZYNE and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You hereby agree that if you use the Site and order a test(s)/panel(s) from the Site, you will visit a patient service center (‘PSC”) that is listed on our Site. You agree that if you do not receive your test results from Medizyne within 5-7 business days from the date you provide your sample to one of the applicable PSCs on the Site, you must notify Medizyne that the results have not been received. Medizyne does not know when you were tested or otherwise provided a sample and thus we do not know when you should expect the results. Please note that some tests will take longer than 5-7 business days since the sample may be shipped to other labs for testing.
Occasionally, orders may remain in pending mode which means the ordering has be unsuccessful and no charge to your credit card account has taken place. We reserve the right to communicate via email with the customer to determine the reason for such pending status to resolve the problem with the ordering process.
Eighteen Years or Older
To use the Site, you agree that you are over the age of 18 and the person being tested is at least 18 years of age. MEDIZYNE does not knowingly collect, either online or offline, personal information from persons under the age of eighteen.
Cancellation/Order Modifications and Refund Policy
You may request to cancel or modify your lab order/requisition within seven (7) days of the date of purchase. Cancellations, order modifications or any request for refund are only permitted prior to submission of blood, urine or other specimen to a PSC. If such cancellation or modification results in a refund, partial refund or credit, your refund, partial refund or credit will be returned to your credit card and reduced by $25 to cover processing costs. No refunds, partial refunds, or credit will be allowed or provided after seven (7) days of the date of payment. In addition, refunds, partial refunds or credit will only be provided to credit card users . Refunds, partial refunds or credit will not be provided for any other payment method. Any requests for a refund, partial refund or credit must be made to our customer service at info@medizyne.com
For changes or order modifications to your lab order/requisition, there may be an additional $25 administrative fee charged to your account for each change to your order in addition to the price of the test/panel ordered or modified.
Lab orders are only valid for up to six (6) months from the purchase date at which point any unused lab orders/requisitions are expired and can no longer be used . All such orders will be purged. No refunds, partial refunds, credits or other accommodations, or other services or product will be provided as a result of unused lab orders/requisitions .
Links to Third Party Sites/Third Party Services
www.MEDIZYNE.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MEDIZYNE and MEDIZYNE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MEDIZYNE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MEDIZYNE of the site or any association with its operators.
Certain services made available via www.MEDIZYNE.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.MEDIZYNE.com domain, you hereby acknowledge and consent that MEDIZYNE may share such information and data with any third party with whom MEDIZYNE has a contractual relationship to provide the requested product, service or functionality on behalf of www.MEDIZYNE.com users and customers.
Advertisers
The Site may contain advertisements of third parties. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services by Medizyne. Medizyne shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site. Further, Medizyne shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.MEDIZYNE.com strictly in accordance with these Terms and Conditions of Use. As a condition of your use of the Site, you warrant to MEDIZYNE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. In addition, you warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere the Site’s operation and Medizyne’s management of the Site or interfere with any other party's use and enjoyment of the Site. You may not copy or obtain or attempt to obtain from this Site any images, text, structure, materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MEDIZYNE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MEDIZYNE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MEDIZYNE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MEDIZYNE or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by MEDIZYNE from our offices within the USA. The products and service offered on the Site are intended for individuals located and residing in the U.S. By using the Site, you agree that you are located in the U.S. when you access the site, request a product or service, and receive the product or service. If you access the Site from a location outside the USA, you are responsible for compliance with all the local laws at the location. You agree that you will not use the MEDIZYNE content accessed through www.MEDIZYNE.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless MEDIZYNE, its officers, directors, employees, agents and third parties, for any losses, costs, damages, liabilities and expenses (including reasonable attorney's fees and court costs) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MEDIZYNE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MEDIZYNE in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MEDIZYNE agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEDIZYNE L.L.C. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MEDIZYNE L.L.C. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY, REPRESENTATIONS OR CONDITION OF ANY KIND. MEDIZYNE L.L.C. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MEDIZYNE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIZYNE L.L.C. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT (NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), WARRANTS, STATUTE OR OTHERWISE, EVEN IF MEDIZYNE L.L.C. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
MEDIZYNE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MEDIZYNE as a result of this agreement or use of the Site. MEDIZYNE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MEDIZYNE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MEDIZYNE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MEDIZYNE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MEDIZYNE with respect to the Site . A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MEDIZYNE reserves the right, in its sole discretion, to change the Terms under which www.MEDIZYNE.com is offered. The most current version of the Terms will supersede all previous versions. MEDIZYNE encourages you to periodically review the Terms to stay informed of our updates.
Survival
The Terms explicitly set forth herein will survive the expiration or earlier termination of the agreement for any reason. Our proprietary rights (including any and all intellectual property rights) in and to our content, technology and the Site or products and services will survive the expiration or earlier termination of the agreement pursuant to these Terms for any reason.
Violations
Please report any violations of these Terms to info@medizyne.com.
Contact Us
MEDIZYNE welcomes your questions or comments regarding the Terms. Feel free to contact us at info@medizyne.com with any questions or comments.