Terms of Service
Fitomics Research Labs Terms
These terms explain how Fitomics Research Labs provides services and the conditions for using this Website.
Terms of Use & Acceptanceexpand_more
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This website ("Website"), hereby referred to as "Fitomics," provides a platform for ordering blood test markers of your choosing, tested through a separate lab (not by Fitomics). The results from tests ordered through Fitomics are for informational purposes only and do not guarantee a state of health. These results are not intended to replace the care of a medical practitioner and cannot be used to diagnose, treat, or cure medical conditions.
By accessing or using Fitomics, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use this Website. Fitomics reserves the right to change the Terms and Conditions at any time, and you should review the current terms before using the Website, as any revisions are binding. By using Fitomics, you acknowledge no representation has been made to you that a licensed medical professional is providing medical care or treatment to you through Fitomics. By processing an order, you acknowledge all sales are final and no refunds are guaranteed. You also acknowledge that no clinician-patient relationship should be assumed or is involved directly with your order or the interpretation of your results. You acknowledge ordering is completely voluntary and you are responsible for all risks, financial responsibilities, and liabilities associated with this process and any actions taken or not taken. You acknowledge this service and results thereof do not constitute as medical advice and you waive, release, and forever discharge Fitomics and any associate, affiliate, employee, partner, contractor, or any related party from any and all financial liabilities or medical issues associated in any way with this service and process. Fitomics reserves the right to modify these terms at any time.
ORDERING RESTRICTIONS
Ordering ability only applies to users with an active account who have consented to the terms and conditions. We cannot fulfill an order placed on behalf of someone else. This is also important for data security purposes.
Medical Disclaimers & Limitationsexpand_more
INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE
Neither Fitomics, nor any tests ordered via the Website, replace the care of a medical practitioner. Any information gained from the Website is not intended as or a substitute for medical advice. Information obtained from the Website and/or subsequent testing is not to be used to diagnose or treat a medical problem or disease. By utilizing Fitomics, you acknowledge that you have been advised that any test results of concern should be followed up with by a licensed medical professional in your state and Fitomics makes no representation this is within the scope of this service whatsoever.
LABORATORY TESTING LIMITATIONS
There is always a small possibility of error or failure in any laboratory testing. This is inherent to any lab test, especially complex testing. These errors may include but are not limited to: broken or damaged samples and supplies, lab errors at the processing lab, and degraded samples. By accessing and using Fitomics, you understand that these errors are possible and will respond accordingly by not basing any major medical decisions or opinions on the results of these tests without follow-up. Fitomics shall not be liable to you or anyone else for loss or injury caused in whole or part by procuring, compiling, interpreting, delivering, or reporting information to you. Also, in no event shall Fitomics be held liable to you or anyone else for any decision made or action taken or not taken in response to any information provided by Fitomics or associated entities.
GENERAL DISCLAIMER
Fitomics is a wellness monitoring service provider and does not guarantee a state of health. Results provided are for informational purposes only and not intended to replace the care of a medical practitioner. This service is not intended to diagnose, treat, or cure medical conditions. Fitomics does not replace the care of a medical practitioner or counselor and does not recommend self-diagnosis or self-medication. Contents of the site are for educational or informational purposes and should not be considered a substitute for professional medical advice. Depending on the nature of your testing, if you receive a "positive" or "indeterminate result," confirmatory testing may be recommended by the lab which may involve additional charges with your consent. While Fitomics lab partners have extensive procedures and safeguards in place to minimize inaccuracies in specimen handling and testing, errors are possible and inherent in any complex testing process. Laws and regulations governing laboratory testing services may change, and these terms are subject to change at any time without prior notice.
LIMITATION OF LIABILITY
Fitomics shall not be liable to you or anyone else for loss or injury caused in whole or part by procuring, compiling, interpreting, delivering, or reporting information through this Website. In no event shall Fitomics be held liable to you or anyone else for any decisions made or action taken or not taken by you in reliance on such information. All sales are final.
Privacy, Data Sharing & Researchexpand_more
TRANSFER AND RELEASE OF INFORMATION
You specifically authorize the transfer and release of your information as described herein when seeking and purchasing the Services, including your lab test results and other identifiable health information, submitted by you or about you in connection with the Services, to, between, and among the following individuals, organizations, and their representatives: (a) the company through which you purchased the applicable laboratory test and its affiliates, their staff and agents; (b) Fitomics and its affiliates, their staff, agents, and health care providers, including physicians; and (c) the laboratory conducting the laboratory testing services to facilitate and execute the Services requested by you or performed with your consent (including receiving, reviewing, and approving a laboratory request; reviewing, processing, and delivering the laboratory test value(s)/result(s)), and as required or permitted by law.
SUBMITTING YOUR ANONYMIZED DATA
By selecting the option to contribute your anonymous data to a data repository for research purposes, you acknowledge that you have read, understood, and agreed to the Terms and Conditions. Additionally, you agree to submit your anonymized data. For the purposes of anonymized data submission, your first name, last name, email address, phone number, and address will neither be retained, released, nor tied to the data shared publicly in any way, now or in the future. The remaining information ("Demographics") including age, sex, and information provided by filling out the form during the ordering process and full test results will be added to data repository. The use of the anonymous data submission is voluntary and reliant on your agreement to the Terms and Conditions. If you select no to this option, the anonymous data would not be stored in the data repository.
HIPAA Authorization & Telehealth Consentexpand_more
FITOMICS RESEARCH LABS PRIVACY PRACTICES & VOLUNTARY CONSENT
Fitomics Research Labs ("Fitomics") operates as a voluntary wellness monitoring and laboratory test coordination service. By using our services, you acknowledge that you are voluntarily requesting laboratory testing services for personal wellness and informational purposes, and that Fitomics Research Labs does not bill insurance or operate as a covered entity under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
Fitomics Research Labs is committed to protecting your personal information and takes reasonable measures to safeguard the data you provide. However, you understand and agree that by voluntarily using our services, you are authorizing Fitomics Research Labs and its authorized service providers, affiliates, and laboratory partners to collect, use, store, and share your personal and health-related information as necessary to facilitate the services you have requested.
You understand and agree that Fitomics Research Labs acts as the enterprise customer and coordinator of laboratory testing services, and that fulfillment of these services requires the sharing of your information with authorized third-party service providers. Certain service providers utilized by Fitomics Research Labs may be subject to HIPAA regulations, and the authorizations below are provided to satisfy their compliance requirements. Fitomics Research Labs is not liable for the acts, omissions, or failures of its service providers, and you agree to hold Fitomics Research Labs harmless from any claims arising from the conduct of such service providers to the fullest extent permitted by law.
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SERVICE PROVIDER HIPAA AUTHORIZATION
Adept Labs, Inc. d/b/a Junction ("Junction") provides API solutions for at-home health care. Junction contracts with enterprise customers to grant access to Junction's services to the customers' patients like you. As part of its service, Junction works with health care providers and lab testing facilities to facilitate sharing your protected health information as governed by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 42 U.S.C. § 1320d and 45 C.F.R. § 160-164.
This HIPAA Authorization is to authorize the disclosure of your information from Junction to the following enterprise customer: Fitomics. By signing below, you agree as follows:
1. Pursuant to HIPAA, I authorize and direct Junction to give, disclose, and release, without restriction, my medical records, lab order, and/or lab testing results to Fitomics.
2. The purpose of the uses and disclosures is for care coordination.
3. I understand that, with certain exceptions, I have the right to revoke this Authorization at any time. If I want to revoke this Authorization, I must do so in writing. I may revoke this Authorization by sending an email to support@tryJunction.io stating my desire to revoke my HIPAA Authorization. I understand that it may take Junction a few business days to process my revocation.
4. I understand that I may refuse to sign this Authorization, but that will prevent me from participating in Junction's services. I also understand that my health care provider cannot deny or refuse to provide treatment, payment, enrollment in a health plan, or eligibility of benefits if I refuse to sign this Authorization.
5. I understand that, once information is disclosed pursuant to this Authorization, it is possible that it will no longer be protected by applicable federal medical privacy law and could be re-disclosed by the person or agency that receives it.
6. The authority above shall supersede any prior agreement that I may have made with my health care providers to restrict access to or disclosure of my individually identifiable health information. The authority given has no expiration date and shall expire only in the event that the enterprise contract between Junction and Junction Customer terminates or I revoke the authority in writing as specified above.
I understand that I have a right to a copy of this Authorization.
TELEHEALTH CONSENT FORM
I understand that Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care.
By acknowledging my consent below, I understand and agree to the following:
1. I understand that Junction and affiliate Openloop Healthcare Partners, PC offer Telehealth consultations, which are conducted through videoconferencing, telephonic, and asynchronous technology and my Telehealth provider will not be present in the room with me.
2. I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
3. I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Junction, an affiliate of Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC, MECNB Physician Services, PC, MECNB Physician Services California, PC, MECNB Physician Services Colorado, PC, MECNB Physician Services New Jersey, PC, and MECNB Physician Services, SC.
4. To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.
5. I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.
6. In an emergent situation, I understand that the responsibility of my Telehealth provider may be to direct me to emergency medical services, such as an emergency room.
By acknowledging below, I certify:
• that I have read this form and/or had it explained to me
• that I understand the risks and benefits of a Telehealth appointment
• that I have been given the opportunity to ask questions and that such questions have been answered to my satisfaction.
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FITOMICS RESEARCH LABS ADDITIONAL TERMS
By accepting these terms, you further acknowledge and agree:
1. Fitomics Research Labs coordinates laboratory testing services through authorized third-party providers. You understand that Fitomics Research Labs is not itself a laboratory, healthcare provider, or medical facility, and does not directly perform laboratory testing or provide medical treatment.
2. You authorize Fitomics Research Labs to receive, store, and display your laboratory results and health information obtained through its service providers for the purpose of delivering services to you.
3. You release and hold harmless Fitomics Research Labs, its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, or liabilities arising from or related to: (a) the acts, omissions, or negligence of third-party service providers; (b) errors or inaccuracies in laboratory testing performed by third parties; (c) delays or failures in service delivery by third parties; and (d) any unauthorized access to or disclosure of your information by third parties.
4. You understand that your authorization to share health information with Fitomics Research Labs and its service providers will remain in effect until you revoke it in writing or terminate your account with Fitomics Research Labs.
5. You acknowledge that Fitomics Research Labs reserves the right to change service providers at any time, and that such changes will not affect the validity of these authorizations and consents.
6. These authorizations and consents are binding upon you, your heirs, executors, administrators, and assigns.
I understand that I have a right to a copy of these authorizations and consents upon request to Fitomics Research Labs.
