LIFEBRITE LABORATORIES, LLC NOTICE OF PRIVACY PRACTICES
The website located at lifebritelabs.com (https://www.lifebritelabs.com) is a copyrighted work belonging to LifeBrite Laboratories, LLC (“LifeBrite”). Certain features of this Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such terms, guidelines, and rules are incorporated by reference into these Terms. Nothing in these terms shall be construed to supplant or abrogate any term or condition on LifeBrite’s main website (www.lifebritelabs.com).
- Permitted Disclosures of PHI.
We may disclose your PHI for the following reasons:
- Medical Advice. LifeBrite’s Services, as well as all Results made available from those Service(s), are not intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between LifeBrite and you. Furthermore, you acknowledge and agree that the Test is for informational purposes only, and is not a diagnostic test. Additionally, to the extent any Results have medical applications, such Results are intended solely for use by a healthcare provider. Specifically, the information provided by the Test or through the Site or Service is not a substitute for the advice of a personal physician or other qualified healthcare provider who can consider your Results in the context of broader medical management. Therefore, you should not make medical decisions or changes to medications or dosages without consulting a healthcare provider.
- Healthcare Providers. All healthcare providers (“Provider”) seeking to obtain a patient sample or submitting a Test Kit/Sample on behalf of the provider’s patient, must agree to the following representations and warranties:
- Provider is authorized in its home jurisdiction to order the Test on behalf of its patient;
- Provider has advised its patient of the benefits, risks, capabilities, and limitations of the Test(s) and Service, including the patients final payment responsibilities for the Services;
- Provider has obtained the patient’s consent to access the patient’s health information with LifeBrite in accordance with the Health Insurance Portability and Accountability Act (“HIPPA”) of 1996, as amended, and any other applicable data privacy requirements;
- Provider has confirmed that its patient has or will execute the Informed Consent, prior to the submission of any Test Kit/Sample; and,
- Provider will notify LifeBrite of any changes in patient information and consent status.
You agree to accept responsibility for all activities that occur under your account or under your control. You will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access your account from a public or shared computer, you should exercise caution to ensure your account information is not saved or retrievable on the shared device. You may not impersonate someone else, or provide an email address other than your own. If you have reason to believe that your account, or information you shared with us is not secure, then you should promptly change your login information and notify us.
- Test Processing. To receive the Services, you must provide a buccal swab sample in accordance with LifeBrite’s collection procedures. Specifically, the buccal swab sample must be returned as soon as possible, but in no event later than three (3) months after Test Kit is received. A timely return will help ensure that your sample is received before the expiration date of the Kit and that the Results will reflect up-to-date IIHI that you provided. Thereafter, your sample and IIHI will be transferred to LifeBrite’s laboratory in Atlanta, Georgia, for processing. DNA will be extracted from the submitted sample and sequenced. Sequence data includes information about genes and regions relevant to the ordered Test, as well as other regions up to and including the entire genome. Because buccal swab samples frequently include DNA from other sources (e.g., cells of food remains). LifeBrite may also sequence and collect information about this DNA if present. All sequence data may be used for regulatory compliance, and de-identified for internal quality control and validation studies. Analysis and reporting on genes beyond those relevant to the ordered Test will not occur unless you consent to future products or services. Only high-quality variant calls within the reportable range of an ordered Test will be considered part of the designated record set. Data that has not been analyzed and reported on will not be returned.
- Additional Service Terms. Your use of the Services may be subject to additional terms, policies, rules or guidelines applicable to a particular Service. When you use such Service(s), you agree to be subject to such terms, policies, rules and guidelines applicable to that Service (“Service Terms”). If these Terms are inconsistent or conflict with those Service Terms, such Service Terms shall control.
- Self-Pay Payment, Refunds, and Test Kit Replacements. Unless otherwise stated, You agree to pay all required fees at the time Services are ordered. All fees shall be in US Dollars, and all payments will be processed by a US bank. Transactions using a credit or debit card may require LifeBrite seek pre-authorization prior to your purchase in order to verify that the account is valid and has the necessary funds or credit available to cover the fees. LifeBrite may also engage third parties to assist us with billing and collection efforts. The purchase and sale of any and all Services shall be deemed to occur in the State of Georgia, United States of America, and any disputes regarding those transactions are subject to Sections 16 and 17 herein.
LifeBrite’s clinical Tests are physician-ordered. In the event that your ordering physician decides that the requested testing is not appropriate for you, you will not receive a refund.
All Test Kits/samples must be timely submitted for analysis; otherwise the Test Kit or any of its components may expiration before being properly processed. In such case, LifeBrite would require a new sample for processing, and you may incur a replacement kit fee, plus shipping and handling fees.
LifeBrite may be unable to process your sample either because of an issue with the submitted sample or due to an issue at the lab. In these rare instances, LifeBrite will first attempt to process your leftover sample, if a sufficient amount is available, at no charge to you. If LifeBrite is still unable to process your sample, another Test Kit will be sent to you (at no charge to you) so that a second sample may be submitted to our lab for processing. If your second sample cannot be processed, please contact LifeBrite to discuss your options.
If you require a replacement kit for any other reason, please contact LifeBrite support.
- Insurance Coverage. LifeBrite will not accept insurance reimbursement for test ordered through the LifeBrite site.
- Limited Right to Use; Ownership; Proprietary Rights. The Services, Site and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned and operated by LifeBrite and are protected by applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. LifeBrite’s Test Kits are solely for direct-to-consumer usage, and may not be resold, distributed, transferred, or used for any purpose other than for the performance of the Test(s), without the express prior written permission of LifeBrite. Furthermore, LifeBrite reserves the right to reject and/or deny Tests on any samples submitted using Test Kits that are in breach of these Terms of Service. LifeBrite reserves all rights to all relevant intellectual property and proprietary rights and materials not otherwise granted expressly in these Terms.
LifeBrite grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Except as permitted by this limited license, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, exploit, transfer, or transmit for any commercial purpose any of the content on the Site. Furthermore, this license does not include and strictly prohibits: (i) any derivative use of the Site or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface, and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of LifeBrite. This includes, without limitation, a prohibition against (a) publishing any logo or other proprietary graphic or trademark belonging to LifeBrite or any of its subsidiaries, affiliates, or other partners without our written consent, and (b) using any LifeBrite content including from LifeBrite’s Site or Result reports (or any portions thereof) for nonpersonal or commercial use without our written consent.
- Indemnification. You agree to defend and hold LifeBrite, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees (collectively, the “LifeBrite Entities”) harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any information you submit, misuse of the Results delivered to you, violation of these terms and conditions, or your violation of any rights of another party. If you choose to provide your results and personal information to third parties, whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes, you agree to defend and hold harmless LifeBrite, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees from any and all liability arising from such disclosure or use. Furthermore, in the event any such claim or action arises, then you agree to cooperate reasonably in any defense, and to not settle or compromise any such claim or action without the express written consent of LifeBrite. LifeBrite reserves the right to assume the exclusive control of any such defense subject to indemnification hereunder.
- Disclaimers; No warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LIFEBRITE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, LIFEBRITE DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONSULTS WITH LIFEBRITE’S GENETIC COUNSELORS OR CLINICAL PHARMACISTS) WILL CREATE ANY WARRANTY REGARDING THE LIFEBRITE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. BY USING THE SERVICES, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, OR CHANGE ANY OF YOUR MEDICATIONS OR DOSAGES, WITHOUT CONSULTING WITH A PHYSICIAN. LIFEBRITE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICE OR THE SITE, AND YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OR WITHIN LIFEBRITE’S CONTROL. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
- Limitation of Liability; Waiver. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LIFEBRITE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SITE OR OBTAINED IN CONNECTION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE LIFEBRITE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF LIFEBRITE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE AND/OR SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE), OR OTHERIWSE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY, OR (B) US $50. <
Your Results are based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. You understand and agree that LifeBrite may, at its sole discretion, amend or modify your Test report based on any such changes. This may result in a change in your risk assessment; the reclassification of a variant; a change or update to a previously reported pharmacogenomic genotype or allele; or a reclassification of a reported diplotype. You hereby irrevocably waive any and all claims against LifeBrite for any amendment or modification of the Test report in accordance with LifeBrite’s standard operating procedures.
- Governing Law; Venue. The laws of the State of Georgia shall govern these Terms and the Services without giving effect to any conflicts of laws principles that may require the application of the law of another jurisdiction. Furthermore, the parties agree that, subject to Section17 below, the proper forum for any legal proceedings shall be in the Federal or State Courts located in Dekalb County, Georgia.
- Dispute Resolution.
- 1 Arbitration. You agree that any and all legal action, proceeding or disputes arising in connection with these Terms, your use of the Services and/or the Site, and your acceptance and use of the Results shall be resolved by arbitration through the American Health Lawyers Association’s Dispute Resolution Service and conducted through the AHLA Rules of Procedure for Arbitration. The parties agree to the use of a single arbitrator and agree that the forum for such proceeding shall be in Atlanta, Georgia. Further, unless you and LifeBrite agree, the arbitrator may not consolidate more than one person’s claim. Judgment on the award may be entered and enforced in any court having jurisdiction.
- 2 No Class Actions. YOU AND LIFEBRITE 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, unless both you and LifeBrite 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.
- 3 Modifications. In the event that LifeBrite makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with LifeBrite shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
- 4 Enforceability. If the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
- Modification of the Terms. LifeBrite reserves right to modify these Terms at any point of time without notice to you by posting revised Terms on its web-sites/App, and such changes will be effective immediately upon being posted. Your use of its web-sites/app constitutes your binding acceptance of these Terms, including any modifications that Lifebrite makes. These Terms will identify the date of last update. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. Lifebrite encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.
- Contact Information. The services hereunder are offered by LifeBrite Laboratories, LLC. You may contact us at the information listed below:
9 Corporate Blvd NE Suite 150
Atlanta, GA 30329
Phone: (678) 433-0607
- Termination. These Terms shall continue to have full force and effect unless and until terminated by LifeBrite. LifeBrite may terminate, suspend, or restrict any provision of these Terms and the Service and/or Site at any time in its sole discretion and without notice to you. Furthermore, LifeBrite reserves the right, in its sole discretion, to terminate your account at any time and to prohibit your access to the Site and/or the Services, for any reason or no reason and without notice to you. If LifeBrite discovers that you are using the Services for non-personal or commercial purposes, or that you have provided false information related to a Test, (for example: by misrepresenting information you share with it or providing another person’s sample and not correctly identifying the source of the sample), LifeBrite may immediately terminate your account. Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potential civil and/or criminal prosecution.
- Third-Party Beneficiaries. Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party.
- Use of “Open Source” Software. From time-to-time, LifeBrite may make use of certain “open source” software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by LifeBrite, and that LifeBrite does not, simply by virtue of their use or integration into any Service or the Site, make any guarantees or warranties regarding their quality or authenticity.
- Electronic Signatures. By using our Site or Services you consent to transact business with LifeBrite electronically.