User Agreement
Pixel by Labcorp® and Labcorp OnDemand™ 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 (the “Site” and the “Services”). 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.
Note that Section 14 of this Agreement contains a mandatory arbitration provision that waives any right to trial by jury, requires the use of arbitration on an individual basis, and limits the remedies available to you in the event of certain disputes or claims.
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. Information provided to you through the Site should not be regarded as medical or health care advice or treatment. 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
Labcorp may, at any time and from time to time, supplement, amend, or otherwise change this Agreement. Any changes to this Agreement will be effective immediately upon providing 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 either (i) by continuing to use or access the Site after receiving notice of the changes as described above or (ii) by not requesting to terminate your Site account within seven (7) calendar days after receiving a notice of the changes 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 accessible by you and any user linked to your Labcorp Patient™ account. 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 Services, and how we use, disclose, and protect that information.
6. Physician Order and Availability of Services
The Services are available only with a physician order. The Services are only available in the United States. Labcorp reserves the right to expand or restrict the availability of 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 independent professional entities (collectively, Providers). These Providers are independent entities not affiliated with Labcorp. Labcorp has enabled access to the Providers’ services as a convenience. By requesting lab authorization network services and selecting the option to get a physician order online, you agree that your relationship with the Providers is independent and is governed by the applicable Provider’s Terms of Use. Labcorp makes no representations or warranties regarding the Providers’ Services and disclaims any liability for such services.
8. Payment
For all testing ordered, 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.
All testing includes the cost of physician services from the independent professional entities. 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 are only in accordance with the Pixel by Labcorp and Labcorp OnDemand Refund Policy.
10. Right to Change Terms and Conditions
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 the laboratory 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 as 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. 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 are protected by U.S. and international copyright laws.
14. Arbitration and Class Action Waiver
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.
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), except as modified below or otherwise mutually 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 each is giving up, to the fullest extent of the law, any right to have Dispute resolved in court before a judge or jury.
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, 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, or class proceeding, except as stated below. Nothing in these terms should be read to allow for class or consolidated arbitration of any form. 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.
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 residence. 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. The decision of the arbitrator shall be final and binding only as to the parties to the specific arbitration. The award rendered shall not be used as evidence or create any preclusive effect (including but not limited to the doctrines of claim preclusion, issue preclusion, res judicata, or collateral estoppel) in any other action or proceeding, including any subsequent arbitration, litigation, or other dispute resolution proceeding.
Both you and Labcorp agree that each party may 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 small claims court's jurisdiction.
Pre-Arbitration Notice and Good Faith Negotiations. Both you and Labcorp agree that, before initiating any arbitration proceeding 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 must: (i) include the sender’s name, street address, telephone number, and email address; (ii) describe the nature and basis of the dispute including, where applicable, any specific date(s) at issue; (iii) identify the amount of money (if any) at issue; and (iv) identify 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 shall be sent to the following email and street addresses: generalcounsel@labcorp.com and 531 South Spring Street, Law Department, Burlington, NC 27215. Notice sent by Labcorp to you shall 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 proceeding. Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision is an issue for a court to resolve, not the arbitrator.
If you and Labcorp cannot agree how to resolve the dispute within 60 days after the notice is received by the other party, then either you or Labcorp may, as appropriate and in accordance with this 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 60-day period.
If the party commencing arbitration is represented by counsel, the written demand for arbitration shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must sign the demand for arbitration. By signing the demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after a reasonable inquiry, that the demand is neither frivolous nor brought for any improper purpose (such as to harass, unnecessarily delay dispute resolution, or needlessly increase the cost of dispute resolution) and that the allegations in the written demand have evidentiary support or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Arbitration Fees. The parties’ respective responsibilities to pay any fees and costs of arbitration will be governed by the AAA Consumer Rules (and the applicable fee schedules referenced therein), available at www.adr.org. The parties' good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. Notwithstanding anything to the contrary herein, 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.
Federal Arbitration Act. The subject matter hereof affects interstate commerce, and the interpretation and enforceability of this section 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.
15. 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. 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, 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. 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 ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, 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. 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 SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
16. Choice of Law
This Agreement shall be governed by and construed in accordance with North Carolina law, excluding its conflicts of laws principles, provided that Section 14 above shall be interpreted and enforced as set forth therein. The Uniform Computer Information Transactions Act does not apply to this Agreement.
17. 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
18. Test Results Disclaimer
Your test results may be affected by a variety of factors, including whether you were fasting and followed the instructions we provided. These results are intended to provide you helpful, actionable information that will educate you on your state of wellness.
These results are not intended to cure, diagnose, or treat any disease or condition. We have provided you suggestions and considerations based upon helpful third-party guidelines, however they are not intended to replace the advice of your healthcare provider, and you should never stop or start any medical treatment without first speaking to your healthcare provider. Depending on your medical history and your state of health and wellness, your healthcare provider may need to confirm your Labcorp OnDemand results through additional testing before providing you with a diagnosis.
Labcorp OnDemand offers laboratory tests with at-home, patient service center, and mobile phlebotomy collection for general wellness monitoring. Our test results provide personalized information and are meant only for wellness purposes. They are not intended to diagnose or treat any disease or medical condition and are not a substitute for professional medical advice or clinically-guided treatment. We always recommend seeking the advice of a physician or other qualified health care provider with any questions you have regarding interpretation of your laboratory test results, a medical condition, or other health-related issues. You should not make changes in treatment plans without first talking to your health care provider, including changes in medicine, diet, or exercise regimens. Labcorp OnDemand does not have a doctor-patient relationship with you, nor does it have access to a complete medical history or physical examination conducted by a physician that would be necessary for a complete diagnosis and comprehensive treatment plan. Neither you nor your physician should rely solely on this guidance.
