Last Modified/Effective: April 20, 2023
Welcome to the SimplyTest website, SimplyTest.com (the “Website”) provided by SimplyTest, a division of Spectrum Solutions®, L.L.C. (“we”, “us”, “our” or “SimplyTest”). These terms and conditions (“Terms”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website.
Please read these Terms carefully before using the Website, the Provider Portal, or the Services. Your access to and use of the Website, the Provider Portal, the Services, or the Content are subject to these Terms, and by accessing or using the Website, the Provider Portal, the Services, or the Content you acknowledge that you understand these Terms and agree to comply with these Terms. If you do not understand or do not want to agree to these Terms, do not access or use the Website, the Provider Portal, the Services, or the Content.
If you are a medical care provider (“Provider”) and you use the Website, the Provider Portal, or the Services to order and receive results from laboratory tests (the “Services”), you may be provided with additional terms and conditions that supplement these Terms or you may have an independent written agreement with us (an “Agreement”). In the event of any inconsistency between such additional terms and conditions or an Agreement, the Agreement or the additional terms and conditions shall govern with respect to that Service.
These Terms contain a mandatory arbitration provision that requires arbitration on an individual basis. By agreeing to these Terms, you are waiving your right to trial by jury.
Restrictions on Services
Currently, SimplyTest provides services only to medical practices and clinical facilities (“Providers”). We do not offer any direct-to-consumer testing at this time.
No Medical Advice
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY SEEK IMMEDIATE ASSISTANCE FROM EMERGENCY PERSONNEL.
SIMPLYTEST IS AN ACCREDITED DIAGNOSTIC LABORATORY BUT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSE DISEASES NOR PROVIDE TREATMENT.
SIMPLYTEST PROVIDES ONLY TESTING INFORMATION THAT A PHYSICIAN OR OTHER APPROPRIATELY LICENSED CLINICAL PROVIDER CAN INTERPRET.
This Website is not and is not intended to be, a substitute for proper medical advice, diagnosis, treatment, or care. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or treatment option. Never delay seeking medical advice or disregard medical advice because of something you read on the Website. In no event shall SimplyTest be liable to you or anyone else for any decision or action taken by you in reliance on the information available on the Website, the Provider Portal, or the Services. Using the Website, the Provider Portal, or the Services does not create a doctor-patient relationship between you and SimplyTest or any of its officers, employees, or representatives.
The Website provides general information about our laboratory, our testing methods, and the tests that are available (the “Content”). The Content may include information about health conditions, health testing, and related services, clinical trials, data analysis, or other topics. The Content is general information only and is intended as an educational aid, not medical nor health care advice, and the Content is not intended to provide medical advice or diagnose or treat diseases.
Any clinical information contained in the Provider Portal and any test results accessed through the Provider Portal are clinical and/or scientific in nature and are intended for the use of health care professionals only. Those healthcare professionals should exercise their own medical/clinical judgment when using the Website, the Provider Portal, the Services, or any Content accessed through any of the foregoing.
We may revise, change or update these Terms from time to time at our sole discretion. The most current version will be live on our website. You agree to review this Terms webpage periodically for any changes. All changes are effective immediately when we post them and apply to all access to and use of the Website, the Provider Portal, or the Services thereafter. Use of the Website, the Provider Portal, or the Services following the posting of revised Terms means that you accept and agree to the changes. For Providers who maintain an Account with SimplyTest, you accept and agree to the changes if you do not submit a request to terminate your Account within two (2) weeks of when the changes are posted.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, the Provider Portal, the Services, and the Content, in our sole discretion without notice. We will not be liable if, for any reason all or any part of the Website, the Provider Portal, or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website, the Provider Portal, or the Services, to some or all users.
You are responsible for both: (a) making all arrangements necessary for you to have access to the Website; and (b) ensuring that all persons who access the Website, the Provider Portal, or the Services through your internet connection or using your Account credentials are aware of these Terms and comply with them.
Certain services accessible through the Website and the Provider Portal (“Services”) are accessible only to Providers who set up an Account (“Account”) for the Provider Portal on the Website. You must have a valid National Provider Identifier Standard (NPI) Number and confirm that the Provider with whom you are associated is HIPAA compliant in order to create an Account. To establish the account you will be required to provide us with certain information about yourself and the Provider you represent, including, but not necessarily limited to, your name, additional employee names, your email address, additional employee email addresses, business name, business address, telephone number, fax number, type of business, your NPI Number, and any other directly linked business-related information that may be required for us to receive, process, or fulfill your service or order request. Account holders may be required to provide additional information when making purchases through the Website and/or the Provider Portal.
Accounts and Credentials
In order to utilize the Provider Portal or to place orders through the Website, you must register with the Website, including selecting a username and a password (your “Credentials”). You are responsible for maintaining the confidentiality and security of your Credentials and for any use of the Website, the Provider Portal, or the Services using your Credentials. Your Credentials and your Account are personal to you, and you agree not to provide any other person with your Credentials or access to your Account. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. We may rely on the authority of anyone accessing your Account using your Credentials, and we will not be liable to you for any liabilities you incur as a result of someone using your Account with your Credentials.
When you create an Account you agree to comply with all applicable laws and regulations, including, but not limited to, HIPAA and its implementing regulations as well as any other applicable federal and state privacy and data security laws.
We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
The owner of the Website is based in the State of Utah in the United States. We provide the Website, the Provider Portal, and the Services for use only by persons located in the United States. We make no claims that the Website, the Provider Portal, the Services, the Content, or any other information is accessible or appropriate outside of the United States. Access to the Website, the Provider Portal, the Services, and the Content may not be legal by certain persons or in certain countries. If you access the Website, the Provider Portal, the Services, or the Content from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Intellectual Property Rights
The Website, the Provider Portal, the Services, the Content, and any features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) included therein are owned by SimplyTest, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our name, brands, logos, slogans, and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Website, the Provider Portal, or the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
These Terms permit you to use the Website, the Provider Portal, the Services, and the Content for your personal use or for the internal benefit of your Provider only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or other material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for internal use at your Provider’s office, or if you are not associated with a Provider for your own personal use.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our end user license agreement for such applications, if one is provided.
- If we provide social media features in connection with particular segments of the Content on the Website, you may take such actions as are enabled by such features.
You must NOT:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website, the Provider Portal, and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You may use the Website, the Provider Portal, the Services, and the Content only for lawful purposes and only in accordance with these Terms. You agree not to use the Website, Provider Portal, or Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate SimplyTest, a SimplyTest employee, a Provider, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, the Provider Portal, the Services, or the Content, or which, as determined by us, may harm SimplyTest or other users of the Website, Provider Portal, Services, or Content or expose them to liability.
Additionally, you agree not to:
- Use the Website, the Provider Portal, or the Services in any manner that could disable, overburden, damage, or impair the Website, the Provider Portal, or the Services or interfere with any other party’s use of the Website, the Provider Portal, or the Services, including their ability to engage in real time activities through the Website, the Provider Portal or the Services.
- Use any robot, spider, or other automatic devices, process, or means to access the Website, the Provider Portal, or the Services for any purpose, including monitoring or copying any of the material on the Website, the Provider Portal, or the Services.
- Use any manual process to monitor or copy any of the material accessible on or through the Website, the Provider Portal, or the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website, the Provider Portal, or the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the Provider Portal or the Services, the server on which the foregoing are stored, or any server, computer, or database connected to the Website, the Provider Portal or the Services.
- Attack the Website or Provider Portal via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website, the Provider Portal, or the Services.
If you believe that any portion of the Website, the Provider Portal, or the Services violate your copyright, please contact us at firstname.lastname@example.org.
Reliance on Information Posted
The information presented on or through the Website, the Provider Portal, or the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of the Website, the Provider Portal, or the Services, or by anyone who may be informed of any of its contents.
The Website and the Provider Portal may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SimplyTest, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SimplyTest. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the Website, the Provider Portal, or the Services from time to time, but neither the Website, the Provider Portal, or the Services, nor the Content is necessarily complete nor up-to-date at any given time. We are under no obligation to update such material and we make no representation as to the accuracy of the information at any time.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You may not link directly to the Provider Portal.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the information with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or the Provider Portal or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage or link to any portion of the Provider Portal.
- Otherwise, take any action with respect to the materials on the Website or the Provider Portal that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
Links to the Website
Both the Website and the Provider Portal may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or the Provider Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, including, but not limited to, from or through the Website, the Provider Portal, and the Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO OR AS A RESULT OF YOUR USE OF THE WEBSITE, THE PROVIDER PORTAL, THE SERVICES, THE CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITE, THE PROVIDER PORTAL OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE PROVIDER PORTAL, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE PROVIDER PORTAL, AND THE SERVICES ARE AT YOUR OWN RISK. THE WEBSITE, THE PROVIDER PORTAL, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIMPLYTEST NOR ANY PERSON ASSOCIATED WITH SIMPLYTEST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SIMPLYTEST NOR ANYONE ASSOCIATED WITH SIMPLYTEST REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PROVIDER PORTAL, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE PROVIDER PORTAL, AND THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE PROVIDER PORTAL AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE PROVIDER PORTAL AND THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SIMPLYTEST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SIMPLYTEST, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE PROVIDER PORTAL OR THE SERVICES, ANY WEBSITES LINKED TO THE FOREGOING, ANY CONTENT ON THE FOREGOING OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE PROVIDER PORTAL, THE SERVICES, OR THE CONTENT OR ANY WEBSITES LINKED TO THE FOREGOING EXCEED $100.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL TO THIS AGREEMENT AND THE WEBSITE, THE PROVIDER PORTAL, THE SERVICES, AND THE CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION.
You agree to defend, indemnify, and hold harmless SimplyTest, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, THE Provider Portal, the Services or the Content other than as expressly authorized in these Terms, or your use of any information obtained from the Website, the Provider Portal, the Services or the Content.
These Terms are valid and effective unless and until modified or terminated by SimplyTest. SimplyTest reserves the right to terminate your use of the Website, the Provider Portal, your Account, the Services, or the Content at any time, for any or no reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE, THE PROVIDER PORTAL, THE SERVICES, OR THE CONTENT OR FOR DELETION OF YOUR ACCOUNT.
IF YOU HAVE A SEPARATE SERVICES AGREEMENT WITH US THAT CONTAINS DIFFERENT TERMINATION PROVISIONS, THE TERMINATION PROVISIONS WITHIN THAT SERVICES AGREEMENT WILL GOVERN.
Governing Law and Jurisdiction
All matters relating to the Website, the Services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Services, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the City of Draper, UT, and County of Salt Lake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any disputes arising out of your use of the Website, the Provider Portal, the Services, or the Content will be exclusively resolved by final and binding arbitration by the American Arbitration Association (the “AAA”), under its Commercial Arbitration Rules, except as modified below or otherwise agreed to. YOU AND SIMPLYTEST AGREE THAT YOU ARE GIVING UP AND WAIVING, TO THE FULLEST EXTENT POSSIBLE, ANY RIGHT YOU MAY HAVE TO A TRIAL BEFORE A JUDGE OR JURY.
You and SimplyTest agree that, to the fullest extent permitted by law, and except as mutually agreed by the parties, you 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. You and SimplyTest agree and intend that any dispute as to the applicability of this arbitration provision shall be exclusively and finally determined by an arbitrator, and not by any court.
The arbitration will be governed by the laws of the State of Utah and will be held in Salt Lake City, UT, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts.
The dispute will be heard by a single arbitrator mutually agreed upon by you and us. If we are unable to agree on an arbitrator, the arbitrator will be selected in accordance with the rules of the American Arbitration Association. The proceedings and outcome of any arbitration pursuant to these Terms shall be confidential and documents exchanged between us may not be used or shared outside of the arbitration process. To the fullest extent of the law, the arbitrator may awkward declaratory or injunctive relief 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 may not award relief for, or on behalf of, anyone who is not a party to the proceeding. You and SimplyTest will share all fees associated with the arbitrator equally. The party initiating the arbitration will pay any filing or case initiation fees.
Waiver and Severability
No waiver by SimplyTest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SimplyTest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Website, the Provider Portal, the Services, and the Content are offered and available to users who are 18 years of age or older and reside in the United States. By using the Website, the Provider Portal, the Services, or the Content you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Website, the Provider Portal, the Services, or the Content.
Your Comments and Concerns
Any questions or comments regarding the Website, the Provider Portal, the Services, or the Content should be directed to us at: email@example.com.