User Agreement

Pixel by Labcorp® and Labcorp OnDemand^TM User Agreement

This Pixel by Labcorp® and Labcorp OnDemand™ User Agreement (“Agreement”) constitutes a legally binding agreement between you and Laboratory Corporation of America Holdings and its affiliates and subsidiaries, including Laboratory Corporation of America (collectively, “Labcorp”, “we”, “us” or “our”). This Agreement governs your access and use of the Pixel by Labcorp and Labcorp OnDemand websites and online services (with the foregoing referred to collectively as the “Site”). Note that Section 15 of this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis, and Section 16 limits the remedies available to you in the event of disputes or claims between us. Our Terms and Conditions governing access to and use of websites and online applications operated by Labcorp are a part of this Agreement and are incorporated by reference. By agreeing to this Agreement, you agree that you understand and agree to be bound by the Terms and Conditions with respect to your access to and use of the Site. In the event of any inconsistency between this Agreement and the Terms and Conditions, this Agreement shall govern with respect to your access to and use of the Site. YOU AGREE TO BE BOUND BY THIS AGREEMENT WHEN YOU CLICK “I AGREE” AND/OR CONTINUE TO ACCESS OR USE THE SITE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.

1. Description of the Site

Labcorp is providing the Site so that you can educate yourself on health care and medical issues that may affect your daily life and obtain appropriate services. Information provided to you through the Site should not be regarded as medical or health care advice or treatment. By accessing or using the Site, you agree that you are not forming a doctor/patient relationship with Labcorp. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding interpretation of your laboratory test results, a medical condition, or other health related issues. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the Site.

2. Changes to this Agreement

This Agreement and Terms and Conditions are available on the Site. Labcorp may, at any time and from time to time, supplement, amend, or otherwise change this Agreement and the Terms and Conditions. Any changes will be effective immediately upon posting to the Site, and you should check the Site regularly to see any changes. We may also provide notice of the changes to you either when you log in to the Site or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Agreement and Terms and Conditions either (i) by continuing to use or access the Site after the changes are posted as described above or (ii) by not requesting to terminate your Site account within seven (7) calendar days after the changes are posted as described above.

3. Changes to the Site

Labcorp may add features to or delete features from the Site at any time, without notice to you.

4. Right to Use the Site

By agreeing to this Agreement, you confirm that you are a resident of the United States and are at least 18 years of age. You warrant and represent that all of the information you provide is correct including your state of residence, and that you are using the Site for yourself and agree not to use the Site to initiate a lab test request for another person. You agree not to resell the services provided hereunder. By initiating testing through the Site, you are requesting that results be reported directly to you. You agree to comply with this Agreement, the Terms and Conditions, all applicable laws, and other applicable Labcorp policies, practices, and notices provided or referenced herein at all times when using the Site. Labcorp retains the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Site as part of our efforts to protect the Site, protect our patients, or stop you from breaching this Agreement.

5. Privacy Statement and Notice of Privacy Practices

Our Privacy Statement and, with respect to Protected Health Information, our Notice of Privacy Practices describe how Labcorp collects information about you through the Site, and how we use, disclose, and protect that information.

6. Physician Order and Availability of Services

The services provided through the Site are available only with a physician order and are available only in the United States. Labcorp reserves the right to expand or restrict the availability of these services at any time and for any reason.

7. Online Physician Order Services

Labcorp does not provide physician services or lab authorization network services. Lab authorization network services are provided by PWN Health, LLC and its affiliated physicians (“PWN”), an independent entity not affiliated with Labcorp. Labcorp has provided access to PWN services as a convenience. By requesting lab authorization network services by selecting the option to get a physician order online, you agree that your relationship to PWN is independent and is governed by PWN’s Terms of Use. Labcorp makes no representations or warranties regarding PWN services and disclaims any liability for such services.

8. Payment

For all testing ordered, except for certain COVID-19 Testing described further below and when indicated by the test description page, a valid credit card number, expiration date, and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. Labcorp’s designated payment processor will collect your payment information and related personal information for its use in processing your payment for the products or services ordered by you.  Except as modified for certain COVID-19 Testing described further below, you are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.  Except as modified for certain COVID-19 Testing described further below, Labcorp cannot submit a claim to any insurance plan for you or bill your insurance directly for any test you purchase.

For certain COVID-19 Testing ordered from Pixel by Labcorp or Labcorp OnDemand™, as noted on the test description page, upfront payment is not required for insured individuals to obtain a COVID-19 Test (At-Home collection kit). As of March 2022, federal funding for uninsured reimbursement has changed. For details about this change, visit HRSA.gov. If you are insured and eligible for COVID-19 Testing, you can choose a payment option at checkout. We can file your insurance or, if you are uninsured, you can elect to pay for the cost of COVID-19 Testing out-of-pocket ($119).

All testing for the services includes the cost of physician services from PWNHealth. Labcorp reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

9. Purchase and Refund Policies

Refunds will be considered upon request and in accordance with the Pixel by Labcorp and Labcorp OnDemand Refund Policy.

10. Right to Change Content, Prices, and Availability

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Labcorp reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether the order has been confirmed and your payment has been processed. If your payment has already been processed for the purchase and your order is canceled, Labcorp’s designated payment processor will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

11. Reporting of Test Results to Local, State and/or Federal Authorities

You acknowledge and accept that the ordering physician and Labcorp may be compelled by law or regulation to report your laboratory result to the local, state, or federal health authority. For example, many states require the testing laboratory and physician to report test results for certain communicable diseases, such sexually transmitted diseases or COVID-19, to local or state health departments.

12. Retesting

You acknowledge and accept that test results outside of normal limits do occur and a physician may reorder lab tests for confirmation.

13. Testing and Reporting is Subject to Available Capacity and Supply and Requires Suitable Specimen

Labcorp’s obligation to ship home collection kits and/or perform testing is subject to available capacity and supply. You acknowledge and accept that receipt of any home collection kits and/or testing may be delayed. Labcorp makes no guarantee regarding reporting times. Reporting may be delayed (or, in some cases, cancelled), including due to confirmatory tests, supply delays, inadequate specimens, and requirements under applicable law.

Labcorp will not be required to test specimens that it determines in its sole discretion are not suitable for analysis. Specimens received by Labcorp that have not been properly labeled, packaged, and registered may not be immediately processed, if at all, and may result in delay. You are responsible for the proper storage and usage of any home collection kits.

14. Intellectual Property

The marks Labcorp®, Pixel by Labcorp® and Labcorp OnDemand™ are trademarks and/or service marks of Laboratory Corporation of America® Holdings. The content and design of the Site is protected by U.S. and international copyright laws.

15. Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND LABCORP TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND LABCORP CAN SEEK RELIEF FROM EACH OTHER.

1. 1. Arbitration Agreement.  You and Labcorp mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (available at www.adr.org or by calling 800-778-7879), except as modified below or otherwise agreed to.  As used in this Arbitration Agreement, “Dispute” means any dispute, claim, or controversy between us, including any past, currently pending, existing, or future dispute or disagreement, except:  (a) claims by employees of Labcorp entities related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or in any way related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  You and Labcorp agree that you are each giving up, to the fullest extent of the law, any right to have disputes resolved in court before a judge or jury. 
   2. Class Action Waiver.  You and Labcorp also mutually agree that, to the fullest extent allowed by law, and except as expressly set out below, each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, mass, or representative proceeding.  Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding, except as stated below.  Nothing in these terms should be read to allow class arbitration.  Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.
   3. Arbitration Procedures.  Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts.  In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing.  Arbitrators can award the same damages and relief that a court could award, but any award or recovery must be consistent with this Agreement.  You and Labcorp also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your billing address.  Any arbitration under this section will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law.  To the fullest extent of the law, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding. 

Each party retains the right to elect before or within 30 days after arbitration is initiated by either party to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such court’s jurisdiction.

1. 4. Pre-Arbitration Notice and Good Faith Negotiations.  Both you and Labcorp agree that, before initiating any arbitration proceedings of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally.  The notice must be specific and individual to you and include:  (i) your name, street address, telephone number, and the email address you use or used for the online services; (ii) a brief description of the dispute; (iii) the amount of money (if any) at issue; and (iv) the specific relief sought.  The notice must be signed and include the handwritten signature of, as applicable, either you or a Labcorp employee, depending on which party is providing notice.  Notice sent by you to Labcorp will be sent to the following email and street addresses:  [email protected] and 531 South Spring Street, Law Department, Burlington, NC 27215.  Notice sent by Labcorp to you will be sent to the email and street addresses that you provided to Labcorp.  This notice is a requirement and condition precedent to initiating any arbitration proceedings.  

If you and Labcorp cannot agree how to resolve the dispute within 45 days after the notice is received by the other party, then either you or Labcorp may, as appropriate and in accordance with this Dispute Resolution section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature.  Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 45-day period.

Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision (paragraph D) is an issue for a court to resolve, not the arbitrator.

1. 5. Arbitration Fees.  The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Middle District of North Carolina (currently, $402.00). For individual damages claims with less than $25,000 at issue, Labcorp will pay the additional, reasonable fees and costs of arbitration, not including attorneys’ fees.  For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally.  The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed.  If the arbitrator determines that your or Labcorp’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
   6. Federal Arbitration Act.  These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these terms of use.
   7. Forum Selection.  For any dispute not subject to arbitration, you and Labcorp agree to proceed in state and federal courts covering Alamance County, North Carolina and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. 

16. Disclaimer of Warranty; Limitation of Liability

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, LABCORP AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ACCESS TO THE SITE MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY NOT BE ERROR-FREE. NONE OF LABCORP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL LABCORP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE BE LIABLE FOR DIRECT DAMAGES EXCEEDING THE TOTAL FEES PAID BY YOU TO LABCORP IN THE TWELVE MONTHS PRIOR TO YOUR CLAIM OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR LOST PROFITS OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

17. Choice of Law

This Agreement shall be governed by and construed in accordance with North Carolina law, excluding its conflicts of laws principles, except that Section 15 above shall be interpreted and enforced as set forth therein. The Uniform Computer Information Transactions Act does not apply to this Agreement.

18. No Waiver

If Labcorp does not enforce any rights under this Agreement at any point, it will not be deemed a waiver of any provision or right under this Agreement.  

19. Contact Information

Labcorp is headquartered in Burlington, North Carolina, in the United States of America, at the following address: Laboratory Corporation of America Holdings 531 S. Spring Street Burlington, NC 27215 Attn: Law Department.