1. Scope of These Terms and Conditions
These Terms and Conditions are applicable to your access to and use of www.ipsumdiagnostics.com (the “Website”) and all other websites and online applications operated by Ipsum Diagnostics LLC (“Ipsum,” “we,” “our,” “us”) that link to or incorporate these Terms and Conditions (the “Ipsum Sites”). Please read these Terms and Conditions carefully. Your access to and use of the Ipsum Sites and the information, materials, products, tools, and services available through the Ipsum Sites are subject to these Terms and Conditions, regardless of whether you possess or do not possess an account through the Ipsum Sites linked to your name and/or contact information (“Account”). By accessing or using the Ipsum Sites, you acknowledge that you understand and agree to be bound by these Terms and Conditions. If you do not understand or agree to be bound by these Terms and Conditions, do not access or use the Ipsum Sites.
When you use certain of the Ipsum Sites, we may provide you with additional terms and conditions relating to that specific Ipsum Site, which will supplement the generally applicable terms of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and any Ipsum Site-specific terms and conditions, the Ipsum Site-specific terms and conditions shall govern with respect to your access to and use of that Ipsum Site.
2. Privacy Statement and HIPAA Notice of Privacy Practices
Our Privacy Statement and, with respect to protected health information, our HIPAA Notice of Privacy Practices describe how Ipsum collects information about you through the Ipsum Sites, and how we use, disclose and protect that information.
3. Disclaimer of Content
The Ipsum Sites provide information about Ipsum and the products and services we offer, including diagnostic health testing and services.
The clinical information contained within the “Providers” section of the Website is intended for the use of health care professionals. Health care professionals should exercise their own clinical judgment when using our content. If you are a patient or health care consumer, you should not use information found on the Ipsum Sites to replace a relationship with your physician or other health care professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified health care professional concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Ipsum Sites.
The information (including, without limitation, advice and recommendations) and services on the Ipsum Sites are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care professional familiar with your medical history. Use of the Ipsum Sites does not create a doctor–patient relationship. No information contained in the Ipsum Sites is intended to be used for medical treatment. You acknowledge and agree that we have not represented that content provided through the Ipsum Sites has the ability to prescribe treatment or perform any other tasks that constitute the practice of medicine.
While Ipsum attempts to keep all the information on the Ipsum Sites up-to-date, medical treatment and knowledge change quickly, and the Ipsum Sites should not be considered error- free nor as a comprehensive source of all information on a particular topic. Ipsum makes no warranties or representations as to the accuracy of the content of the Ipsum Sites, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Ipsum Sites. Your use of the Ipsum Sites is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the Ipsum Sites. You assume the entire risk of loss in using the Ipsum Sites and materials contained in the Ipsum Sites.
Features and specifications of products or services described or depicted on the Ipsum Sites are subject to change at any time without notice.
4. Copyright, Trademarks and other Intellectual Property
Copyright, trademark, patent and other applicable laws protect the services and materials appearing on the Ipsum Sites. All materials on the Ipsum Sites may be accessed, downloaded or printed for the noncommercial purpose of scientific or educational advancement or within the scope allowable by these Terms and Conditions. No other use of these materials may be made without express written permission of Ipsum. Any unauthorized use of the words or images on the Ipsum Sites may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.
The Ipsum Sites include material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Ipsum Sites. The copyrights are owned by Ipsum or, for licensed content, the content providers.
The Ipsum Sites are owned by Ipsum. None of the names, trademarks, service marks or logos of Ipsum appearing on the Ipsum Sites may be used in any advertising or publicity or otherwise to indicate Ipsum’s sponsorship of or affiliation with any product or service without express written permission of Ipsum. Nothing contained on the Ipsum Sites should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Ipsum Sites without the express written permission of Ipsum or the third-party owner of the trademark, if any. The Ipsum Sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
5. Right to Change Terms and Conditions
Ipsum may, at any time and from time to time, change these Terms and Conditions, in whole or in part. You agree to review these Terms and Conditions periodically. Any changes to these Terms and Conditions will be effective immediately upon the posting of the modified Terms and Conditions to the Ipsum Sites, and, if you possess an Account, by either providing notice of the changes to you when you log in to the Ipsum Sites 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 Terms and Conditions either (i) by continuing to use or access the Ipsum Sites after modified Terms and Conditions are posted to the Ipsum Sites, or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) calendar days after receiving a notice of the changes as described above.
6. Your Provision of Contact and Account Information to Us
When you provide information about yourself to us, including when you create an Account, you agree to (a) provide accurate, current and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Ipsum Sites or any portion thereof.
7. Use of the Ipsum Sites by Health Care Professionals and Health Plans
If you are a health care professional or a health plan, you represent and warrant that, when using the Ipsum Sites, you will comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act and its implementing regulations and other federal and state privacy and data security laws, and you will not provide any information, including protected health information, to us for which you do not have the required authorizations or consents.
8. Your Conduct
You agree to comply with all laws, rules and regulations applicable to your use of the Ipsum Sites. In addition, you agree not to:
9. Third Party-Owned Content and Links to Third Party Owned-Websites or Online Applications
The Ipsum Sites may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites and online applications. We provide such third party-owned content and links as a courtesy to our users. We have no control over any third party-owned websites or online applications or third-party owned content referenced on, linked to from, accessed by or available on the Ipsum Sites and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party-owned websites or online applications (or the availability of such websites or online applications) or third-party owned content. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE IPSUM SITES, OR ANY OTHER WEBSITE OR ONLINE APPLICATION) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED IN SUCH THIRD PARTY- OWNED CONTENT OR ON ANY THIRD PARTY-OWNED WEBSITE OR ONLINE APPLICATION LINKED TO FROM THE IPSUM SITES.
10. Links to the Ipsum Sites
You should not link to the Ipsum Sites, nor use Ipsum’s name, trademark, logos or otherwise refer to Ipsum in any public communications without first obtaining Ipsum’s advance written consent. Requests to link to the Ipsum Sites or use Ipsum’s name should be directed to Ipsum Media Relations.
11. Advertising and Sponsorships
We do not accept paid advertisements or sponsorships on the Ipsum Sites.
12. Information, News, and Press Releases
The Ipsum Sites may contain information about Ipsum, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.
13. Registration and Passwords
The Ipsum Sites may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Ipsum Sites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Ipsum Sites through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.
14. Operation of the Ipsum Sites
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Ipsum Sites, or any portion of the Ipsum Sites, including but not limited to for your violation of these Terms and Conditions; (ii) modify or change the Ipsum Sites, or any portion of the Ipsum Sites; and (iii) interrupt the regular operation of the Ipsum Sites, or any portion of the Ipsum Sites, as necessary to perform routine or non-routine maintenance, to correct errors or to make other changes to the Ipsum Sites.
15. Disclaimer of Warranty; Limitation of Liability
THE IPSUM SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IPSUM SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IPSUM DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE IPSUM SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IPSUM SITES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. YOUR USE OF THE IPSUM SITES IS AT YOUR OWN RISK. ACCESS TO THE IPSUM SITES MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IPSUM SITES MAY NOT BE ERROR-FREE. NONE OF IPSUM, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE IPSUM SITES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IPSUM SITES WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IPSUM SITES ARE ACCURATE, RELIABLE, COMPLETE, USEFUL OR CORRECT; THAT THE IPSUM SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE IPSUM SITES ARE 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 IPSUM, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE IPSUM SITES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IPSUM SITES 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 IPSUM SITES. 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 IPSUM SITES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
You agree to indemnify, defend and hold harmless Ipsum and its suppliers, and their respective affiliates, subsidiaries, employees, officers, directors, owners, agents, contractors, servants, insurers and representatives from any liability, loss, claim, suit, damage, judgment and expense (including reasonable attorneys´ fees and expenses) that arise out of your violation of these Terms and Conditions, your use or misuse of the Ipsum Sites, or your violation of any third- party rights.
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
18. Applicable Law
These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of Georgia. Any dispute between Ipsum and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of Georgia.
The Ipsum Sites can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Georgia, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Ipsum Sites.
Ipsum makes no representation that material on the Ipsum Sites is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Ipsum Sites from other locations do so by their own initiative and are responsible for compliance with local laws.
The information available on this website is subject to U.S. export control laws. The Ipsum Sites may not be accessed from Cuba, the Crimea region, Iran, North Korea, Syria or any other destination embargoed by the United States.
These Terms and Conditions are effective unless and until modified as noted above, or terminated, at any time, by Ipsum.
20. Contact Information
Ipsum is headquartered in Atlanta, Georgia, in the United States of America.
Ipsum Diagnostics LLC
8607 Roberts Drive, Suite 250
Atlanta, Georgia 30350
Attn: Legal Department
Specific questions and comments should be directed to the appropriate department via our Contact Us page. While we make every effort to respond to all correspondence within five business days, we cannot guarantee a response to every electronic communication.
These Terms and Conditions were last updated May 11, 2023.