IF YOU HAVE AN URGENT, IMMEDIATE OR EMERGENCY MEDICAL SITUATION,
CONTACT YOUR HEALTHCARE PROVIDER OR CALL 911 OR LOCAL EMERGENCY
NUMBER IMMEDIATELY.
Introduction
These Terms of Use describe the nature of this Website and
the terms on which you may use it. BY USING THIS WEBSITE OR
ANY INFORMATION PROVIDED ON THIS WEBSITE, YOU AGREE TO BE
BOUND BY THESE TERMS OF USE. Please review these Terms of
Use each time you use this Website, since there may be changes
and updates from time to time. Clinilabs (referred to herein
as “Clinilabs” or “We”) may change,
suspend or discontinue any aspect of this Website at any time,
including the provisions relating to privacy or the availability
of any Website feature, database or content. We may also impose
limits on certain features and services or restrict users’
access to all or part of this Website without notice or liability.
If you do not agree to these Terms of Use, please do not use
this Website.
Clinilabs Services
Clinilabs is a company that offers technical and administrative
services as well as facilities and equipment to licensed physicians,
physician practice groups, hospitals and other healthcare
providers engaged in the treatment of sleep disorders. Clinilabs
also offers educational information and Web-based tools to
the general public pertaining to sleep disorders and related
illnesses. CLINILABS DOES NOT DELIVER MEDICAL OR OTHER HEALTHCARE
SERVICES TO INDIVIDUALS AND IS NOT LICENSED TO PRACTICE MEDICINE.
Individuals using Clinilabs services are advised to consult
a licensed practitioner when making healthcare decisions.
Clinilabs’s services are designed to assist practitioners
by managing certain non-clinical aspects of sleep disorder
testing and clinical trials, and by enhancing the practitioners’
ability to obtain and analyze data through Clinilabs’
Web-based and other technological applications which are capable
of processing and storing critical laboratory data.
Website Services
Clinilabs’s Website is intended for use by members of
the general public, healthcare providers and research managers.
Individuals may use the site to obtain information, locate
healthcare providers, request appointments, obtain or complete
self-rating questionnaires, and review test findings. Healthcare
providers may use the site to obtain information, obtain documents
for use in clinical practice, and refer patients. Research
managers may use the site to obtain information related to
clinical trials and data management.
THIS WEBSITE IS NOT INTENDED TO PROVIDE ADVICE OR GUIDANCE
CONCERNING THE MEDICAL TREATMENT OR DIAGNOSIS OF ANY PERSON.
Articles, commentary and other information contained on this
Website are intended to be for general academic and illustrative
purposes; they are not intended to guide the treatment or
diagnosis of any individual. Users of this Website should
seek specific examination, advice, evaluation and treatments
from healthcare providers of their choice.
Ownership
This Website is owned by Clinilabs. All materials contained
in this Website (the “Materials’) are either owned
by or licensed to Clinilabs. Clinilabs and its licensors retain
all proprietary rights to the Materials. This Website is copyright
© 2003 by Clinilabs, Inc. All rights are reserved. With
the exception of referral forms, sleep logs, and questionnaires
which may be downloaded and used once and only once for personal
use, any downloading, copying, transmission, publication or
other unauthorized use of the Materials, in any form or by
any means, including but not limited to electronic, mechanical,
photocopying, recording or otherwise, without the prior written
permission of Clinilabs, is strictly prohibited.
Privacy Policy
Clinilabs is committed to protect the personal information
that you provide. Please read the following so you can understand
how information is used and the specific measures we take
to protect your personal information.
What Our Privacy Policy Covers
This policy relates to personal information which identifies
you, such as your name, address, telephone number, e-mail
address, credit card, and similar information.
This policy does not apply to the policies or practices of
entities that Clinilabs does not own or control, or to websites
that are linked to this Website. You should consult such entity's
or website's privacy policy prior to providing your personal
information.
Information Collection and Use
Clinilabs collects and uses personal information when you
are registered as a Clinilabs user, when you use certain Clinilabs
services, or when you visit Clinilabs's Website. Under certain
circumstances, Clinilabs also may receive your personal information
from its business partners.
When you submit information to Clinilabs by registering as
a user or by completing one of our Web-based questionnaires,
you voluntarily provide information which may include one
or all of the following: your name, address, city, state,
zip code, telephone number, e-mail address, your user-defined
password, similar identifying information. We also may request
additional information from you at the time you register or
complete a Web-based questionnaire, or at some time thereafter.
Once you register or submit a Web-based questionnaire to Clinilabs
you are not anonymous to us. If you do not wish to provide
some or all of the information requested on a screen, or if
you have concerns about maintaining the confidentiality of
any information, do not provide it.
Clinilabs also receives and records information on our server
logs from your browser including your IP address, Clinilabs's
cookie information, and the page(s) you view.
Clinilabs uses personal information for three general purposes:
to process medical data; to fulfill your requests for information,
products, or services; and to contact you with information
related to our products and services.
By submitting a health-related question to us using an “Ask
the Experts” or similar module on our Website, you agree
that the question may be edited for content and posted on
our Website, along with our response to your question. Posted
questions do not indicate the e-mail address or other specific
identifying information of or about the sender.
Information Sharing and Disclosure
Clinilabs will not sell or rent your personal information
to third parties without your consent. Users of this Website
who may have access to personal information disclosed by other
users are required to (a) treat such information as confidential,
and (b) obtain the consent of the disclosing party prior to
further disclosing such information to any third party.
Clinilabs may disclose personal information about you to a
business partner or other company when:
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We have obtained your permission to share
such information |
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We need to share such information to arrange for the
provision of a product or service that you have requested
or to respond to a request for further information |
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We need to respond to court orders, subpoenas, or other
legal requests |
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We determine that your actions on our Website violate
these Terms of Use |
Cookies
This Website uses cookies (a small file transferred from a
server to a user’s hard drive) for general purposes
relating to the operation of this Website and may use cookies
to identify users and track trends among users who visit this
Website.
Clinilabs may allow other companies to set and access their
cookies on your computer. The use of cookies by third parties
is subject to the respective privacy policies of such entities.
You should note that third parties do not have access to Clinilabs’
cookies.
Clinilabs may use Web beacons to access our cookies within
and outside our network of websites and in connection with
Clinilabs products and services.
You can delete cookies at any time, following the instructions
and procedures of your Web browser software.
Security
Personal information that you provide to Clinilabs is protected
for your privacy and security. Your personal information may
be protected by encryption technology that protects data transmission
using protocols that we believe are standard for Internet
commerce.
With respect to protecting the confidentiality of any personal
information, Clinilabs will take commercially reasonable security
measures to protect such information and any other security
measures required by applicable United States laws, regulations
and rules. Our systems and software will contain technical
features enabling healthcare providers to comply with applicable
requirements of the Health Insurance Portability and Accountability
Act of 1996 (“HIPAA”), when the regulations promulgated
under HIPAA become effective. Clinilabs is not responsible
for disclosure of personal information due to errors in transmission
or unauthorized acts of third parties. In making your decision
to provide personal information, you should be aware of the
general risks of transmitting information over the Internet.
If your communication is sensitive, you may want to send it
by postal mail (see address listed on the “Contact Us”
page).
Children
Our policy is that this Website may only be used by individuals
over the age of 18. We urge parents to supervise their children’s
use of this Website. We do not collect any information from
children. However, if a parent learns that a child has submitted
personal information to this Website, the parent should contact
us and the information will be deleted.
Prohibited Activities
The following activities are not permitted on this Website
and are a material breach of these Terms of Use:
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Using this Website for any purpose in violation
of local, state, national or international laws |
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Posting material that infringes on the intellectual
property rights or privacy rights of others |
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Posting material that is threatening, harassing, malicious,
hateful, abusive, slanderous, defamatory, obscene, embarrassing
to others or otherwise contrary to the purpose of this
Website, as determined by Clinilabs in its sole discretion |
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Posting advertisements or requests for business |
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Attempting to obtain unauthorized access to this Website
or portions thereof that are restricted from general access |
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Collecting information about others without their written
consent |
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Engaging in any other conduct that is contrary to the
purpose of this Website or, as determined by Clinilabs
in its sole discretion, exposes Clinilabs to any other
person or entity related to this Website to any liability
or detriment. |
Internet Use
As indicated above, there are general risks associated with
transmitting information over the Internet. Although this
Website may be encrypted, you are responsible for implementing
sufficient procedures and checkpoints to satisfy your requirements
for accuracy of data input and output, backing up of data,
and protection from “viruses,” “worms,”
“trojan horses” or other malicious or damaging
computer software.
No Credentialing
While Clinilabs believes that the physicians listed on this
Website are licensed to practice medicine in the state(s)
in which they maintain their offices, Clinilabs does not otherwise
credential, accredit or determine the qualifications of the
practitioners, healthcare providers or therapeutic products
accessed or acquired through use of this Website. Clinilabs
makes no claim or representation regarding and accepts no
responsibility for the quality or reliability of any services
or products provided by third parties to you which may be
accessed through the use of this Website.
No Endorsement
Clinilabs does not represent or endorse the accuracy or reliability
of any advice, opinion, test results, statement or other information
displayed, distributed or otherwise accessible on or through
this Website. You acknowledge that any reliance upon any such
opinion, advice, opinion, test results or information shall
be at your sole risk. Clinilabs reserves the right, in its
sole discretion, to correct any errors or omissions in any
portion of this Website.
Clinilabs may provide links to other websites, for your convenience.
However, Clinilabs does not review, endorse or approve the
content of linked websites. Clinilabs makes no claim or representation
regarding and accepts no responsibility for, the quality,
content, nature, accuracy or reliability of Websites accessible
by link from this Website, or websites linking to this Website.
The use of any such websites is at the user’s risk,
and is subject to the terms of use applicable to such websites,
including privacy and data-gathering practices of that site.
However, Clinilabs reserves the right at all times to disclose
any information as necessary to satisfy any law, regulations
or government request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, that in
Clinilabs’s sole discretion are objectionable or in
violation of these Terms of Use.
DISCLAIMER OF WARRANTIES.
CLINILABS MAKES NO WARRANTY OF ANY KIND CONCERNING THE FUNCTIONING
OF THIS WEBSITE, THE INFORMATION CONTAINED ON THIS WEBSITE
OR ANY OTHER WEBSITES LINKED TO IT IN ANY WAY. CLINILABS ASSUMES
NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE
UPON INFORMATION OBTAINED THROUGH USE OF THIS WEBSITE. OPERATION
OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE IS PROVIDED
“AS IS,” AND TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
AND WARRANTIES CONCERNING NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, ARE DISCLAIMED. WITHOUT ANY LIMITATION OF
THE FOREGOING, CLINILABS DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT
MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF REMEDIES.
CLINILABS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM
OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR USE
OF THIS WEBSITE OR ANY INFORMATION ON THIS WEBSITE, EVEN IF
CLINILABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold Clinilabs harmless
from any costs (including reasonable attorneys’ fees),
losses, expenses, settlements and judgments, to the extent
arising from your violation of these Terms of Use, from your
violation of the rights of any other person or entity, or
from your claim for damages.
Jurisdiction
You agree that the courts of New York have exclusive jurisdiction
over any dispute you have with Clinilabs, and you expressly
consent to personal jurisdiction in such courts in connection
with any such dispute or a dispute involving any of Clinilabs’s
affiliates, subsidiaries, members, officers, directors, employees,
agents and contractors. These Terms of Use are subject to
the substantive laws of New York, without respect to its conflict
of laws principles.
Questions or Suggestions
Questions or suggestions may be submitted to info@clinilabs.com.
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