Terms of Use - Test Appropriate
Providing Primary Care Providers with Best Practices At the Point of Care
TestAppropriate, Test, Appropriate, Test Appropriate, Best Practices, Primary Care Physicians
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TEST APPROPRIATE LLC TERMS OF USE

LAST UPDATED: October 1, 2013

GENERAL

Welcome to the Test Appropriate LLC, Healthcare Testing Facility website tool provided by Test Appropriate LLC. The website tool is referred to below as the “Application.”

By using the Application, you agree that you have read and understood the following terms of use (the “Terms”) and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE AND REFRAIN FROM ANY FURTHER USE OR ACCESS TO THE APPLICATION. When using or accessing the Application, you agree that you must comply with any applicable third-party terms of agreement and any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into these Terms. These Terms are between you and Test Appropriate LLC, and not any other third party.

We may modify these Terms at any time by posting the revised Terms on the Application. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Application after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Application; charge fees in connection with the use of the Application; modify and/or waive any fees charged in connection with the Application; and/or offer opportunities to some or all users of the Application. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Application, in whole or in part, or of any service, content, feature or product offered through the Application.

DISCLAIMER: NOT A SUBSTITUTE FOR PROFESSIONAL CARE OR ADVICE

THE APPLICATION AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATION IS VOLUNTARY AND AT YOUR SOLE RISK.

THE INFORMATION AVAILABLE THROUGH THE APPLICATION IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATION AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS OR ACTIONS BASED ON YOUR RELIANCE ON, OR OF THE APPLICATION AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY TESTING, DIAGNOSIS OR TREATMENT.

JURISDICTIONAL ISSUES

The Application is controlled and operated by Test Appropriate LLC, from the United States, and is not intended to subject Test Appropriate LLC or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Test Appropriate LLC does not represent or warrant that the Application or any part thereof are Appropriate or available for use in any particular jurisdiction other than the United States.

THIRD-PARTY PROVIDERS

The Application provides Internet access to place electronic healthcare related testing orders with Providers (“Third-Party Providers”) by Healthcare Professionals, and to assist Third-Party Providers in scheduling appointments with the Patients of Healthcare Professionals. Although Test Appropriate LLC reserves the right (but does not have the obligation) to monitor, it does not control the services or interactions by and between the Third Party Provider, the Healthcare Professional and/or the Patient, and assumes no responsibility or liability of any kind for any action, inaction or information by and between these parties. Test Appropriate LLC allows transmission of Patient information between the provider and the Healthcare Professional, including  the Patient’s name and other personal Patient information, but does not correct, warrant or otherwise assure the accuracy or secrecy of this information beyond that required in the Health Insurance Portability & Accountability Act of 1996 (HIPPA).

Test Appropriate LLC is not responsible for, and shall have no liability in connection with, any transactions or disputes between Third-Party Providers, Healthcare Professionals, Patients or Payors. If you have a transactional dispute, you agree to release us (and our employees and agents) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Application or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release, including, if applicable, Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

THIRD-PARTY ADVERTISING

The Application may provide access to advertisers unrelated to Test Appropriate LLC (“Third-Party Advertisers”) for a fee. Test Appropriate LLC does not monitor, control or endorse, and is not responsible or liable for such third-party products, services or websites or the content contained therein.

APPROPRIATE USE CRITERIA

Test Appropriate LLC is not affiliated with the American College of Cardiology or any other healthcare organization, and makes no representation or warrantee regarding the accuracy, usefulness or value of the information provided in the Application, nor the accuracy, usefulness or value of the Appropriate Use Criteria published by the American College of Cardiology. While Test Appropriate LLC does maintain a license to use and republish the Appropriate Use Criteria of the American College of Cardiology through its agency with Elsevier Publishing, and has sought to provide some guidance to Healthcare Professionals in keeping with the Appropriate Use Criteria published by the American College of Cardiology, it does not represent that any information provided in the Application complies with any Appropriate Use Criteria published by the American College of Cardiology or any other healthcare organization.

The Appropriate Use Criteria available for download in the Application and adapted by Test Appropriate LLC for use in the criteria presented in this Application are used with the permission of Elsevier Inc.  All rights reserved.

LICENSE

Test Appropriate LLC grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to use the Application

OWNERSHIP OF THE APPLICATION

The Application (including any content made available through the Application) is the property of Test Appropriate LLC (or its licensors) and is protected by applicable intellectual property laws. The Application is licensed, not sold, to you. You may utilize the Application only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Application; (2) use or merge the Application, or any component or element thereof, with other software, databases or services not provided by Test Appropriate LLC; (3) sublicense, distribute, sell or otherwise transfer the Application to any third party; (4) use the Application as a service bureau, or lease, rent or loan the Application to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Application; (6) interfere in any manner with the operation of the Application; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Application; (8) create a database by systematically downloading and storing the Application; (9) use any robot, spider, site search/retrieval Application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Application or reproduce or circumvent the navigational structure or presentation of the Application without our express prior written consent; or (10) use the Application for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Application. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Application.

TRADEMARKS

Any logo, trademark, servicemark, domain name, or trade name appearing on the Application, including “Test Appropriate LLC,” (“Marks”), whether registered or not, are the property of Test Appropriate LLC or their respective owners. You may not use any Marks without the express written permission of Test Appropriate LLC.

INFORMATION THAT YOU SUBMIT

Your submission of information through the Application is governed by Test Appropriate LLC’s Privacy Policy, which is located at https://www.Test Appropriate.com /Legal/Privacy_Policy. You represent and warrant that any information that you provide in connection with your use of the Application is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Application.

 

USER NAMES, PASSWORDS AND SECURITY

You may be required to register with Test Appropriate LLC to access certain services or areas of the Application. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Application, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Application, to any third party. You are fully responsible for all interaction with the Application that occurs in connection with your password or user name. You agree to immediately notify Test Appropriate LLC of any unauthorized use of your password or user name or any other breach of security related to your account or the Application, and to ensure that you “log off”/exit from your account with the Application (if applicable) at the end of each session. To report unauthorized access or use of the Application, email customerservice@testappropriate.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

TERMINATION

Test Appropriate LLC may suspend or terminate your use of the Application if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.

USER ACKNOWLEDGEMENTS

You acknowledge and agree that you (and not Test Appropriate LLC) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Application, and for paying all charges related thereto. Test Appropriate LLC does not operate or control the Internet or your mobile connection, and therefore Test Appropriate LLC does not and cannot guarantee that the Application will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.

INDEMNIFICATION

To the fullest extent permitted under law, you will defend, indemnify and hold harmless Test Appropriate LLC and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys\’ fees) arising out of or related to your use of the Application or any violation of these Terms by you.

EXCLUSIONS OF WARRANTIES

TEST APPROPRIATE LLC AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEST APPROPRIATE LLC AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APPLICATION. TEST APPROPRIATE LLC AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APPLICATION, INCLUDING THE CONTENT CONTAINED ON THE APPLICATION, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF Third-Party PROVIDERS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APPLICATION, EXCEPT TO THE EXTENT THAT THE APPLICATIONLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.

LIMITATION OF LIABILITY

TEST APPROPRIATE LLC AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF TEST APPROPRIATE LLC KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.

TEST APPROPRIATE LLC MAY NOT BE HELD LIABLE FOR MORE THAN $100 UNDER ANY PROVISION OF THIS AGREEMENT.

 

RELATIONSHIPS

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Application, whether between you, Test Appropriate LLC, its affiliates or any Third-Party Provider.

EXPORT CONTROLS

In choosing to access the Application, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. We may limit the Application\’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

GOVERNING LAW

You agree that these Terms shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the Application shall be brought exclusively in the courts of the State of Colorado. Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the cause of action or claim arises. Test Appropriate LLC\’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Test Appropriate LLC nor any trade practices shall act to modify the Terms. Test Appropriate LLC may assign its rights and duties hereunder to any third party at any time without consent or notice to you.

MISCELLANEOUS

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and Test Appropriate LLC relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Test Appropriate LLC relating to such subject matter.

QUESTIONS

You may contact Test Appropriate LLC at customerservice@testappropriate.com with any questions, complaints or claims regarding the Application.