Enprovider Network Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.
 

ENPROVIDER NETWORK WILL NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
 

YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER IF YOUR SYMPTOMS GET WORSE OR YOU EXPERIENCE ANY NEW SYMPTOMS.

These Terms of Use (“Terms”) govern your use of the services provided by Enprovider Network, PC and certain contractually affiliated professional entities including Rudd, P.C., d/b/a Enprovider Network of Alaska, Enprovider Network of California, P.C., Enprovider Network of Kansas, P.A., Enprovider Network of Hawaii, Inc., Enprovider Network of New Jersey, P.C., and/or Enprovider Network of Texas, P.A., (collectively, the “Enprovider Network”, “we” or “us”) relating to physician authorization of certain laboratory tests offered through the Labcorp OnDemand website (“Tests”) and other related services provided by the Enprovider Network (the “Enprovider Network Services”). The Enprovider Network is not responsible for the laboratory services, the provision of the Test, or other services provided by Labcorp Corporation of America Holdings or one of its affiliates (“Labcorp”) or through or in connection with the Labcorp OnDemand website and you agree that we have no obligation whatsoever with respect to such services and or anything other than the Enprovider Network Services. The terms “you” and “yours” refer to the person accessing and/or using the Enprovider Network Services. While it is understood that Enprovider Network and Labcorp are working together to enable you to benefit from the use of the Labcorp OnDemand website, you understand, acknowledge and agree that they are separate and distinct entities and neither one is responsible or liable for the services, products or performance of the other.
 

Your use of the Enprovider Network Services is subject to your acceptance of our Notice of Privacy Practices, our Informed Consent and any additional consents that you provide and any additional terms and policies we provide to you including any policies provided by Labcorp through the OnDemand website. Some of the representations, warranties and agreements in these Terms are similar to or cover similar concepts as those set forth in the Informed Consent. In such cases, the provisions of these Terms are deemed to supplement and complement the provisions in the Informed Consent and are not deemed to modify or supersede them.

By using the Enprovider Network Services, you acknowledge, represent, and warrant that you have read, understood and you agree to be legally bound by and comply with these Terms, the Notice of Privacy Practices, the Informed Consent and any and all additional terms and policies. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE ENPROVIDER NETWORK SERVICES.

1. Changes to our Terms.
   
   We reserve the right to modify or amend these Terms, in whole or in part, at any time, and for any reason, in our sole discretion, with or without liability to you or any third party. All changes to these Terms will be effective immediately upon their posting to the Labcorp OnDemand website. We will notify you of material changes to these Terms by conspicuously posting the changes on this website. Continued use of the Enprovider Network Services after the effective date of such modified Terms will indicate your acknowledgement and agreement to be bound by the modified Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Each version of our Terms will be prominently marked with an effective date at the top of this page. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Enprovider Network Services.
   
   
2. Enprovider Network Services.
   
   The Enprovider Network Services are provided for informational and educational purposes only, and, except as expressly set forth herein, do not constitute medical advice, diagnosis or treatment of any condition, disease or illness. Enprovider Network’s physicians (the “Enprovider Physicians”) do not and will not prescribe or order any drugs or medication or follow-on care, treatment, or diagnosis in connection with the Enprovider Network Services. The Enprovider Network Services do not replace, or even materially supplement, your existing primary care or other relationship with your personal physician(s) (“Your Own Physician”). You are solely responsible for forwarding any Results to Your Own Physician and for initiating follow up with Your Own Physician or another physician for care, diagnosis or medical treatments. Enprovider Network will not forward your Results to Your Own Physician; however, you will be provided with Results through the Labcorp OnDemand Portal  (https://www.ondemand.labcorp.com/) that you can download and bring to or otherwise provide to Your Own Physician.  You should not make medical decisions without consulting with Your Own Physician. Do not disregard medical advice from Your Own Physician or delay seeking such advice based on the information obtained as a result of your use of the Enprovider Network Services. The Enprovider Network Services are not intended to make a medical necessity determination for insurance purposes or any other purposes.
   
   By accepting the Terms, you understand that Enprovider Network and/orLabcorp, may send you messages (including text messages), reports and emails regarding the Enprovider Network Services, Tests, Results, and/or any personal or health information you have provided in connection with the Enprovider Network Services. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails.
   
   
3. Eligibility.
   
   a) With limited exceptions, the Enprovider Network Services are not intended or designed for individuals under the applicable age of majority in the relevant state (which is 18 in most states). There may be additional factors that may be utilized to determine eligibility for various tests. By using the Enprovider Network Services, you confirm that you are over the age of majority in your state, , or, if the test is for someone who is not over the age of majority, that you are legally authorized as the parent or legal guardian or otherwise to accept these Terms of Use on behalf such minor. Further, you confirm that you are legally competent.
   
   (b) The Enprovider Network Services are intended for individuals located and residing in the United States. However, the Enprovider Network Services may not be available in certain U.S. states. You will be notified if the Enprovider Network Services are not available in the state in which you are located. You agree that any and all data you provide or make available in connection with the Enprovider Network Services shall relate only to users located in the United States. By using the Enprovider Network Services, you confirm that you are located in the United States when you receive the Enprovider Network Services. You shall not access the Enprovider Network Services outside of the United States and Enprovider Network disclaims any responsibility for any attempt by you to do so.
   
   (c) You acknowledge and agree that any data submitted or provided by you or on your behalf in connection with the Enprovider Network Services is truthful, accurate, complete, and appropriate and that all decisions regarding the appropriateness of Tests are based on the veracity of such information. You agree that the Enprovider Network Services that you request are for your own personal use and that you will not request a Test for another person.
   
   (d) You acknowledge and agree that you may be ineligible for a Test based on the information that you provide or otherwise. You will be notified if it is determined that you are not eligible for a Test.
   
   
4. Payment.
   
   (a) Information regarding payment is provided on the Labcorp OnDemand website. The price of each Test includes the professional fee associated with the provision of the Enprovider Network Services and for your convenience, Labcorp is collecting that portion of the fee on behalf of the Enprovider Network.
   
   (b) While we are aware that some health insurance plans may offer coverage for certain services (including testing services) and/or may have waived or reduced patient co-pays associated with such services and testing, the medical providers and affiliated professional entities providing Enprovider Network Services have not contracted with any health insurance plans to make the Enprovider Network Services available. Neither the Enprovider Network Services nor the Tests are intended to be reimbursed by any health plan. Accordingly, Enprovider Network does not submit or process insurance paperwork or claims and expressly disclaims any responsibility or liability with respect to any failure by you to receive reimbursement therefor. You further acknowledge that it is unlikely that any of the Enprovider Network Services will be covered by payors except where specifically indicated in writing by Enprovider Network and/or Labcorp.
   
   
5. Results Outreach.
   
   If you receive an abnormal or critical result on a Test, you understand that Labcorp’s care coordination team will attempt to contact you to review the results, offer education and explain the next steps you should take. Labcorp’s care coordination team may leave you a voicemail but will not include your test results in any voicemail message. You also understand that if you are not able to be reached, Labcorp’s care coordination team may mail a follow-up letter to the residential address you provided when you purchased the Test (the letter will not include your Test results). If you receive an abnormal or critical result on a Test or do not understand what the result means, and have not connected with Labcorp’s care coordination team, you understand that you should not delay following up with Your Own Physician).
   
   
6. Privacy.
   
   Please review the Notice of Privacy Practices and Informed Consent, which further describes Enprovider Network’s practices regarding the information that Enprovider Network may collect from users of the Enprovider Network Services. By using the Enprovider Network Services, you hereby consent to all actions we may take with respect to your information consistent with these Terms your Informed Consent and our Notice of Privacy Practices.
   
   
7. Limitation of Liability.
   
   (a) IN NO EVENT WILL ENPROVIDER NETWORK OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS INCLUDING LABCORP AND ITS AFFILIATES (“SERVICE PROVIDERS”) BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY ACCESS TO OR USE OF (OR INABILITY TO USE) ANY SERVICES. THE PRECEDING DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IF ENPROVIDER NETWORK OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
   
   (b) IN NO EVENT SHALL THE TOTAL LIABILITY OF ENPROVIDER NETWORK AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS ARISING IN CONNECTION WITH OR UNDER THESE TERMS EXCEED, IN THE AGGREGATE, U.S. ONE HUNDRED DOLLARS ($100 USD). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE ENPROVIDER NETWORK SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.
   
   
8. Disclaimers.
   
   (a) EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ENPROVIDER NETWORK AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND ALL CONDITIONS WITH REGARD TO THE ENPROVIDER NETWORK SERVICES AND RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE ENPROVIDER NETWORK SERVICES.
   
   (b) ENPROVIDER NETWORK AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA OR SAMPLES TRANSMITTED IN CONNECTION WITH THE ENPROVIDER NETWORK SERVICES.
   
   (c) ENPROVIDER NETWORK DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY SERVICE PROVIDERS OR OTHER THIRD PARTIES. ENPROVIDER NETWORK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSION IN THE INFORMATION YOU PROVIDE IN CONNECTION WITH THE ENPROVIDER NETWORK SERVICES TO ENPROVIDER NETWORK, AN ENPROVIDER NETWORK HEALTHCARE PROVIDER, A SERVICE PROVIDER OR ANY OTHER THIRD PARTY.
   
   
9. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ENPROVIDER NETWORK OR ANY OF ITS SERVICE PROVIDERS AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST ENPROVIDER NETWORK OR ANY OF ITS SERVICE PROVIDERS, YOU AGREE THAT: (A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (B) IF YOU INITIATE OR PARTICIPATE AS A MEMBER OF THE CLASS YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
   
   
10. Indemnification.
    
    You agree to defend, indemnify and hold harmless Enprovider Network, its subsidiaries and its affiliates, and their respective managers, members, officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers, from and against any and all claims, actions, demands, liabilities, settlements, costs, or expenses, including, without limitation, reasonable legal fees, legal costs and accounting fees, arising out of, or alleged to arise out of: (a) your violation of these Terms, other policies or any and all applicable laws, rules or regulations; or (b) your use of materials or features of the Enprovider Network Services in an unauthorized manner.
    
    
11. Ownership; Intellectual Property and Proprietary Rights.
    
    (a) All content, text, graphics, logos, icons and images provided by Enprovider Network or any Service Provider through or in connection with the Enprovider Network Services, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you, are the sole and exclusive property of Enprovider Network, a Service Provider or other content providers and are protected by United States and foreign intellectual property laws. The Enprovider Network Services also contain proprietary and confidential information that is protected under U.S. and foreign intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws.
    
    (b) Except as expressly authorized by Enprovider Network, you may not use, sell, modify, reproduce, distribute, create derivative works of or otherwise exploit any information or content made available to you on or through the Enprovider Network Services, in whole or in part. Enprovider Network grants you a limited, non-exclusive right to access and use the Enprovider Network Services solely for personal, non-commercial purposes on the condition that you comply with these Terms. Any use of the Enprovider Network Services other than as specifically authorized herein is strictly prohibited.
    
    (c) Certain names, logos, brands and other materials displayed in connection with the Enprovider Network Services may constitute trademarks, trade names, services marks or logos (“Trademarks”) of Enprovider Network or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Enprovider Network or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
    
    (d) Enprovider Network and our service providers, and our successors and assigns, may use, copy, reproduce, modify, analyze, perform, display, distribute and otherwise disclose to third parties any data for purposes of providing Enprovider Network Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Enprovider Network using such data.
    
    (e) All rights not expressly granted in these Terms are reserved.
    
    
12. Term; Termination.
    
    The Terms, as may be amended from time to time, will remain in full force and effect as long as you continue to access or use the Enprovider Network Services, or until terminated in accordance with the provisions of these Terms. We, in our sole discretion, with or without notice to you, at any time and for any reason, may terminate, suspend or modify: (i) any of the rights granted by these Terms; (ii) the permission granted to you to access and/or use the Enprovider Network Services; and (iii) the Enprovider Network Services. You may terminate the Terms at any time by discontinuing use of the Enprovider Network Services. Your permission to use the Enprovider Network Services automatically terminates if you violate these Terms. Enprovider Network shall not be liable if, for any reason, all or any part of the Enprovider Network Services is unavailable. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination.
    
    
13. Equitable Relief.
    
    You acknowledge and agree that breach of these Terms will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Enprovider Network shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms, or otherwise.
    
    
14. Force Majeure.
    
    You acknowledge and agree that the Enprovider Network shall be relieved of its obligation to provide any Enprovider Network Services to the extent such performance is prevented or rendered impracticable by events beyond its reasonable control, which events may include, without limitation, fire, storm, flood, freezing condition, earthquake, and other acts of God, explosion, accident, acts of terrorism or war, riots and other civil disturbances, sabotage, strikes, labor disputes, work stoppages, court injunctions, transportation embargoes, shortages of materials, epidemics, pandemics, shortages of labor, energy, raw materials, production facilities, or transportation, actions, laws, rules, regulations or other requirements of non-US or US federal, state, county, municipal, or local governments or branches, subdivisions or agencies thereof.
    
    
15. General.
    
    These Terms, the Enprovider Notice of Privacy Practices, consents and any other agreements incorporated by reference herein constitute the entire agreement between you and the Enprovider Network with respect to access to and use of the Enprovider Network Services. These Terms and your use of the Enprovider Network Services are governed by the laws of the State of Delaware, without respect to its conflict of law principles. Any dispute or claim arising form these Terms of Use or that in any way relates to your use of the Enprovider Network Services shall be resolved exclusively in the federal and state courts of the State of Delaware and you hereby consent to the exclusive jurisdiction of said courts and waive all defenses thereto. YOU WAIVE ALL RIGHTS TO ANY TRIAL BY JURY IN ALL LITIGATION RELATING TO OR ARISING OUT OF THIS AGREEMENT. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition, or of any other term or condition. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms. Enprovider Network may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    
    
16. If you are agreeing to thes Terms on behalf of any other person, you represent, warrant, and agree that you are legally authorized under all applicable laws to do so and that you have full and complete knowledge of all matters covered by these Terms to make the representations, warranties and agreements on behalf of the person on whose behalf you are agreing to these Terms.  You agree to indemnify and hold Enprovider Network harmless from and against any and all loss, liability, claim, damage, cause of action, cost and expense, including without limitation, reasonable legal fees and expenses, arising out of a breach by me of the foregoing representation, warranty or agreement.
    
    
17. Contact Us.
    
    Should you have questions about the Enprovider Network Services, including about your Test or Results, you may contact us at:
    
    Email Address: support@labcorpemployerservices.com
    
    Phone Number: 844-251-6524
    
    Address:
    Enprovider Network, PC
    6992 Columbia Gateway Drive, STE 100
    Columbia, MD 21046
    Attn: Manager